KH buddy remember the fight over the Geprek Bensu brand? The Supreme Court (MA) ruled that Ruben Onsu is not allowed to use the name Bensu on his business anymore in accordance with MA Decision No.575K/Pdt.Sus-HKI/2020 on May 20, 2020. Thus, the legal owners and users of the Geprek Bensu brand are Benny Sujono and Yangcent. However, on October 6, 2020, through a Decree on behalf of the Minister of Law and Human Rights Number HKI-KI-06.06-10 and Number HKI-KI-06.07-11, the registered trademark in the name of “PT Ayam Geprek Benny Sujono and Yangcent” was removed. The incident made Benny Sujono and Yangcent’s lawyers plan to sue the Directorate General of Intellectual Property (DJKI). How come a registered trademark can be removed? Let’s take a look at the following brief description. In accordance with Law No. 20/2016 on Trademarks and Geographical Indications (Trademark and Geographical Indications Law), the right to a trademark is an exclusive right granted by the state to the owner of a registered trademark for a certain period of time by using the trademark itself or granting permission to other parties to use it. The right to a trademark is obtained after the trademark is registered. Although already protected by law, a trademark can still be removed by several parties, namely the trademark owner itself, the Minister, and third parties.
Brand Removal
Abolition of a registered mark may be filed by the owner of the mark concerned to the Minister. The removal can be filed by the trademark owner or through his attorney, either for part or all types of goods or services. If the mark is still bound by a license agreement, the removal of the mark can only be done if it is agreed in writing by the licensee. However, the provision can be excluded if the licensee expressly agrees to waive the existence of such consent in its agreement. Furthermore, the deletion of registered trademarks can also be done at the initiative of the Minister in accordance with Article 72 Paragraph 6 of the Trademark and Geographical Indications Law. The provision can be done if the trademark:
- Having similarities in principal and or in whole with Geographical Indications
- Contrary to state ideology, laws and regulations, morality, religion, decency, and public order
- Similar in its entirety to a traditional cultural expression, intangible cultural heritage, or a name or logo that has been a tradition for generations.
Deletion can be done after obtaining a recommendation from the Trademark Appeal Commission. Trademark owners who object to the decision to remove registered trademarks on the initiative of the Minister can file a lawsuit through the State Administrative Court (PTUN). If there are parties who object to the decision of the Administrative Court then it can file a cassation to the Supreme Court. The removal of a registered mark can also be filed by an interested third party in the form of a lawsuit to the Commercial Court on the grounds that the mark is not used for 3 consecutive years in the trade of goods and / or services since the date of registration or last use. The reason for non-use of the trademark does not apply in the event that there is an import ban, a ban relating to the license for the circulation of goods using the relevant trademark or a decision of the competent authority which is temporary, or other similar restrictions stipulated by Government Regulation. The removal of registered trademarks due to third parties is recorded and announced in the Official Trademark Gazette. Read also: Ease Your Trademark Registration Business with a Legal Contract!
KH Contact
So, according to the Trademark and Geographical Indications Law, the DJKI is indeed authorized to conduct the removal of registered trademarks but the reason for the removal must be based on the things that have been mentioned above. KH Friend certainly does not want to happen like the case above, right? Just trust the registration of the KH Buddy brand to Kontrak Hukum. Kontrak Hukum guarantees to take care of your business legality needs to completion so that KH pals can run a business safely and comfortably. Visit and contact:
