Rechtsidee
Vol. 13 No. 2 (2025): December

A Juridical Analysis of the Cancellation of Registered Trademarks Due to Non-Use: A Comparative Study of Indonesian and UK Law: Analisis Yuridis Terhadap Penghapusan Merek Terdaftar Akibat Tidak Digunakan: Perbandingan Hukum Indonesia dan Inggris

Kurniawan, Cicelly Chiesa (Unknown)
Gunadi, Ariawan (Unknown)



Article Info

Publish Date
27 Nov 2025

Abstract

General background: Legal protection of trademarks is fundamental to ensuring fairness and business certainty because exclusive rights apply only when marks are continuously used. Specific background: In Indonesia, cancellation of trademarks due to non-use for three consecutive years under Article 74 of Law No. 20/2016 remains challenging despite clear statutory provisions. Knowledge gap: Inconsistent judicial interpretations and the absence of uniform evidentiary standards create ongoing legal uncertainty. Aims: This study examines Indonesia’s mechanism for cancelling unused trademarks and compares it with the United Kingdom’s revocation system. Results: The findings show that Indonesia faces difficulties in proving non-use and maintaining consistent legal reasoning, while the UK—through the Trademarks Act 1994—implements structured administrative procedures, defined evidentiary criteria, and opportunities for non-litigation resolution. Novelty: This research offers a detailed comparative analysis that exposes procedural weaknesses in Indonesia when contrasted with a more mature and transparent system. Implications: The study suggests that Indonesia must strengthen evidentiary standards and refine administrative processes to enhance legal certainty, prevent passive monopolies, and reinforce effective trademark protection in modern commerce. Highlights: Focuses on cancellation of registered trademarks due to non-use in Indonesia and the UK. Identifies legal uncertainty in Indonesia from inconsistent interpretation of “three consecutive years” and proof standards. Highlights the UK’s clearer, more structured revocation procedures as a model for improving Indonesian law. Keywords: Trademark Cancellation, Non-Use, Legal Protection, Revocation

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Journal Info

Abbrev

rechtsidee

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

RECHTSIDEE, provides a forum for publishing the original research articles, review articles and book review from academics, analysts, practitioners and those who interested to provide literature on Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Islamic ...