Bad Faith in the Cancellation of the Trademark Decision No. 2/Pdt.Sus-HKI/2021/PN. Niaga Sby

Abstract

In granting a decision to cancel the trademark, the judges interpreted the existence of bad faith with different reasons in their considerations. One of the cases of trademark cancellation due to bad intentions is Case Number 2/Pdt.Sus-HKI/2021/PN. The purpose of this study is to find out the relationship between the cancellation of registered trademarks at the Directorate General of Intellectual Property of the Republic of Indonesia related to bad faith and to find out how to analyze the reasons for the judge’s consideration in decision Number 2/Pdt.Sus-HKI/2021/PN. Sby’s business is related to bad faith. This research is a normative legal research, with a legal approach and a case approach. From this study, it was obtained that the relationship between the cancellation of a registered trademark and bad faith was seen from the beginning of the registration application process, so that the Panel of Judges in deciding on a trademark cancellation decision, first looked at whether the element of bad faith had indeed existed from the beginning of the registration application, and regarding the juridical analysis of the decision of case 2/Pdt.Sus-HKI/2021/PN. Niaga Sby, Coffe Beer and Sari Temulawak Ngoro brandsThe Defendant was registered in bad faith from the beginning of the trademark registration without involving all heirs so that the Defendant hereby had bad intentions or bad faith because from the beginning of the registration, it was proven that there was bad faith by the Defendant. So juridically it has violated article 21 paragraph (3).