Good Faith Principal in Protection of Marks - Indonesia
Good faith is an intangible and abstract quality withy no technical meaning or statutory definition. In fact good faith principal is displayed when applicants register a mark properly and sincerely without any intention to duplicate, replace or replicate another well known mark for self interest of business that may bring loss to another party or cause any unfair competition, confusion, or misleading of the consumer.
Deletion of Marks:
Under Articles 61 and 63 of the Indonesian Mark Law, deletion takes place when a mark has not been used for consecutive period of 3 years in the trade of goods or services for which it was registered and the mark is used for the kind of goods and services that are not in pursuant to which the application for registration was filed or not accordance with the registered mark. The law also stipulates that any third party shall also be able to file a request for the deletion of the registration of mark on the grounds referred to above. Since good faith principle is applicable only in the case of refusal and cancellation of a mark, someone having bad faith is also able to use this as a tool with which to evade the law.
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