<![CDATA[This study critically examines the legal implications of Constitutional Court Decision Number 144/PUU-XXI/2023 concerning the cancellation of registered trademarks due to non-use within Indonesia’s first-to-file system. The extension of the non-use period from three to five years raises a normative issue, as it may allow unused trademarks to remain protected longer, potentially weakening the function of non-use cancellation and limiting opportunities for third parties to use or register trademarks. This study argues that while the extension protects trademark holders facing legitimate obstacles, an unconditional five-year period may weaken the corrective function of non-use cancellation and prejudice third-party market access. Using normative legal research with statutory, case, and conceptual approaches, this study analyses Law Number 20 of 2016, the Constitutional Court’s reasoning, Article 19 of the TRIPS Agreement, and relevant legal literature. The findings indicate that the five-year period is not inherently inconsistent with TRIPS, which establishes three years as a minimum standard. However, it should operate as conditional protection requiring verification of genuine use or objectively substantiated legitimate non-use to balance trademark-holder protection, third-party interests, and the public interest, with SDGs considered as a supplementary policy framework. This study is limited to normative legal analysis and does not empirically assess market or investment effects. Future research should examine the practical implementation of this conditional protection model in administrative and judicial proceedings.]]>
