CHAPTER VIII
NULLIFICATION AND CANCELLATION OF REGISTRATION OF A MARK
Part One
Nullification
Article 61
(1) The nullification of mark registration from the General Register of Marks may be made by the Directorate General either at its own initiative or at the request of the owner of the mark concerned.
(2) The nullification of a mark registration on the initiative of the Directorate General may be made if:
a. the mark which has not been used for 3 (three) consecutive years in trade of goods and/or services from the date of registration or of the last use, except there is an excuse which is acceptable to the Directorate General; or
b. the mark is used for the kind of goods and/or services, which is not in pursuant to the kind of goods, or services for which the mark application for registration was filed, including the use of mark, which is not in accordance with the registered mark.
(3) The reasons as referred to in paragraph (2) letter a are:
a. import prohibition;
b. the prohibition related to the permit for the distribution of goods using the mark concerned or any temporary decision from the competent authority;
c. other similar prohibitions imposed by Government Regulation.
(4) The nullification of mark registration as referred to in paragraph (2) shall be recorded in the General Register of Marks and announced in the Official Gazette of Marks.
(5) Any objection against the decision on the nullification of a mark registration as referred to in paragraph (2) may be submitted to the Commercial Court.
Article 62
(1) A request for the nullification of registration of a mark by the mark owner or his proxy, either for all or for part of the kinds of goods and/or services, shall be submitted to the Directorate General.
(2) Where the mark as referred to in paragraph (1) is still bound by a valid license agreement, the nullification may only be made with a written consent of the licensee.
(3) Exception as to the consent of the licensee as referred to in paragraph (2) may only be made possible where the licensee clearly agrees to waive such consent in the license agreement.
(4) The nullification of registration of a mark as referred to in paragraph (1) shall be recorded in the General Register of Marks and announced in the Official Gazette of Marks.
Article 63
Any third party shall also be able to file a request for the deletion of the registration of a mark on the grounds as referred to in Article 61 paragraph (2) letter a and letter b in the form of a claim filed at the Commercial Court.
Article 64
(1) Upon the decision of the Commercial Court as referred to in Article 63 may only be filed an appeal to the Supreme Court.
(2) The decision of the Court as referred to in paragraph (1) shall be forwarded by the Clerk of the Court concerned to the Directorate General
after the date on which the decision is made.
(3) The Directorate General shall execute the deletion of the mark concerned from the General Register of Marks and announce it in the Official Gazette of Marks where the decision of the Court as referred to in paragraph (1) has been awarded and has been legally binding.
Article 65
(1) The nullification of the registration of a mark shall be carried out by the Directorate General by crossing out the mark concerned in the General Register of Marks and noting the reasons for and the date of said deletion.
(2) The nullification of the registration of a mark as referred to in paragraph (1) shall be notified in writing to the mark owner or his proxy, stating the reasons therefore and stressing that as of the date of deletion from the General Register of Marks, the relevant Mark Certificate shall be declared to be null and void.
(3) The nullification of registration of a mark shall cause the termination of the legal protection on the relevant mark.
Article 66
(1) The Directorate General may nullify the registration of a collective mark on the basis of:
a. a request from the owner of collective mark with a written consent from all users of the collective mark;
b. sufficient evidence that the collective mark has not been used for three years consecutively from the date of registration or from the date of the last use, except there is an excuse acceptable to the Directorate General;
c. sufficient evidence that the collective mark is being used for the kind of goods and/or services which is not in pursuant to the kind of goods and/or services applied for in the registration; or
d. sufficient evidence that the collective mark has not been used in accordance with the regulation on the use of the collective mark.
(2) The request for the nullification of registration of a collective mark as referred to in paragraph (1) letter a shall be filed at the Directorate General.
(3) The deletion of registration of a collective mark as referred to in paragraph (2) shall be recorded in the General Register of Marks and announced in the Official Gazette of Marks.
Article 67
A request for the deletion of registration of a collective mark can also be filed by any third party in the form of a lawsuit at the Commercial Court on the grounds as referred to in Article 66 paragraph (1) letter b, letter c, and letter d.
Part Two
Cancellation
Article 68
(1) A lawsuit for the cancellation of a registered mark may be filed by any interested party based on the grounds as referred to in Article 4, Article 5 or Article 6.
(2) An owner of unregistered mark may file a lawsuit as referred to in paragraph (1), after filing an application at the Directorate General.
(3) The lawsuit for cancellation as referred to in paragraph (1) shall be filed at the Commercial Court.
(4) Where the plaintiff or the defendant resides outside the territory of the Republic of Indonesia, the lawsuit shall be filed at the Commercial Court in Jakarta.
Article 69
(1) A lawsuit for cancellation of the registration of a mark shall be filed within a period of 5 (five) years after the date of mark registration.
(2) A lawsuit for cancellation may be filed without a time limit if the mark concerned is contrary to morality of religion, ethics and public order.
Article 70
(1) Upon the decision of the Commercial Court as referred to in Article 68 paragraph (4) may only be filed a cassation to the Supreme Court.
(2) A copy of the decision of the Court as referred to in paragraph (1) shall be forwarded by the Clerk of the Court concerned to the Directorate General after the date on which the decision is made.
(3) The Directorate General shall execute the cancellation of the mark concerned from the General Register of Marks and announce it in the Official Gazette of Marks where the decision of the Court as referred to in paragraph (1) has been awarded and has been legally binding.
Article 71
(1) The cancellation of the registration of a mark shall be carried out by the Directorate General by crossing out the mark concerned in the General Register of Marks and noting the reasons for and the date of said cancellation.
(2) The cancellation of registration of a mark referred to in paragraph (1) shall be notified in writing to the owner of mark or his proxy, stating the reasons therefor and stressing that as of the date of deletion from the General Register of Marks, the Mark Certificate concerned shall be declared to be null and void.
(3) The crossing out of the registration of a mark in the General Register of Marks referred to in paragraph (1) shall be announced in the Official Gazette of Marks.
(4) The cancellation and the crossing out of a mark registration shall cause the termination of the legal protection on the relevant mark.
Article 72
In addition to the grounds as referred to in Article 68 paragraph (1), a request for the cancellation of registration of a collective mark may also be filed at the Commercial Court, if the use of the collective mark is contrary to the provisions as referred to in Article 50 paragraph (1).