{"id":5472,"date":"2025-02-07T15:36:32","date_gmt":"2025-02-07T15:36:32","guid":{"rendered":"https:\/\/affa.co.id\/global\/?p=5472"},"modified":"2025-03-30T14:21:39","modified_gmt":"2025-03-30T14:21:39","slug":"affa-represents-april-international-enterprise-pte-ltd-to-win-a-trademark-non-use-cancellation-action-in-indonesia","status":"publish","type":"post","link":"https:\/\/affa.co.id\/global\/2025\/02\/07\/affa-represents-april-international-enterprise-pte-ltd-to-win-a-trademark-non-use-cancellation-action-in-indonesia\/","title":{"rendered":"AFFA Represents APRIL International Enterprise Pte. Ltd. to Win a Trademark Non-Use Cancellation Action in Indonesia"},"content":{"rendered":"

In today\u2019s increasingly competitive business environment, Trademark protection is a key factor in maintaining a company\u2019s identity and competitive advantage. However, Trademark registration often faces obstacles due to the existence of previously registered Trademarks that, in reality, are not being used. This was the case with <\/span>PRINT ONE<\/b>, where AFFA successfully represented APRIL International Enterprise Pte. Ltd., the owner of the well-known brand <\/span>PAPER ONE<\/b>, in winning a Trademark non-use cancellation action against PRINT ONE, which had long been unused in Indonesia, based on prior investigation results.<\/span><\/p>\n

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The case began when APRIL International Enterprise Pte. Ltd. filed a Trademark application for “PRINT ONE” under Application Number DID2021062992 with the <\/span>Directorate General of Intellectual Property (DGIP)<\/b> in 2021. However, the application was rejected by DGIP because it was considered similar to the “PRINT ONE,” which had been registered under<\/span> PT Daksa Sinergi <\/b>since May 12, 2020.<\/span><\/p>\n

 <\/p>\n

An independent investigation revealed that the PRINT ONE Trademark had never been used in commerce for over three years since its registration. Based on these findings, AFFA filed a <\/span>trademark non-use cancellation<\/span> action with the Central Jakarta Commercial Court in April 2024.<\/span><\/p>\n

 <\/p>\n

Legal Basis for Trademark Non-Use Cancellation Action<\/b><\/p>\n

 <\/p>\n

This action was filed under <\/span>Article 74, Paragraph (1) of Law No. 20 of 2016<\/b> on Trademarks and Geographical Indications<\/b>, which states that a Trademark that has not been used for three consecutive years from the date of registration may be canceled upon request by an interested party.<\/span><\/p>\n

 <\/p>\n

During the trial, PT Daksa Sinergi failed to appear, despite being legally summoned. This further strengthened the evidence that the Trademark was not actively used in the market.<\/span><\/p>\n

 <\/p>\n

Court Decision<\/b><\/p>\n

 <\/p>\n

After a series of hearings, in October 2024, the <\/span>Central Jakarta Commercial Court <\/b>finally granted the lawsuit filed by AFFA. In its ruling, the court declared that:<\/span><\/p>\n

 <\/p>\n

    \n
  1. The plaintiff has a legal interest in filing the Trademark non-use cancellation action.<\/span><\/li>\n
  2. The PRINT ONE Trademark owned by PT Daksa Sinergi is officially removed from the General Register of Trademarks.<\/span><\/li>\n
  3. DGIP is ordered to revoke the Trademark and announce its removal in the Official Trademark Gazette.<\/span><\/li>\n
  4. PT Daksa Sinergi is required to pay court fees amounting to IDR 8,820,000.<\/span><\/li>\n<\/ol>\n

     <\/p>\n

    This decision marks a significant victory for APRIL International Enterprise Pte. Ltd., which can now reapply for its Trademark registration in Indonesia without any obstacles.<\/span><\/p>\n

     <\/p>\n

    Lessons from the PRINT ONE Trademark Cancellation Case in Indonesia<\/b><\/p>\n

     <\/p>\n

    This case is a clear example that a non-use Trademark can be canceled, even if it is still officially registered. Therefore, Trademark owners should take note of these three key factors:<\/span><\/p>\n

     <\/p>\n

      \n
    1. Ensure that your registered Trademark is actively used in Indonesia. If not, other parties may file for cancellation.<\/span><\/li>\n
    2. If an unused Trademark blocks your Trademark, legal solutions are available. Trademark cancellation is one of the strategies to pave the way for a new Trademark registration.<\/span><\/li>\n
    3. Entrust your Trademark registration to an experienced <\/span>Intellectual Property Consultant<\/span><\/a> to ensure your brand is properly protected in Indonesia.<\/span><\/li>\n<\/ol>\n

       <\/p>\n

      Current Trademark Cancellation Practice in Indonesia<\/b><\/p>\n

       <\/p>\n

      However, it is important to note that following the<\/span> Constitutional Court Decision No. 144\/PUU-XXI\/2023<\/b>, a Trademark can now only be canceled if it has not been used for <\/span>five consecutive years<\/span> from the date of registration.<\/span><\/p>\n

       <\/p>\n

      Additionally, a Trademark cannot be canceled if:<\/span><\/p>\n