Supreme Court recognizes website evidence to cancel bad faith
trade marks
Arguing bad faith in trade mark cancellation cases can be a
formidable challenge. The plaintiff is required to present a set of
evidence demonstrating that the defendant's mark was registered
in bad faith at the time of filing.
What the law says on bad faith trade marks
Based on Law No. 20 of 2016 on Trademarks and Geographical
Indications, a bad faith applicant is one who files a mark with the
intent to copy another party's mark for unfair business
competition, misleading consumers, or gaining an undue
advantage.
Typically, demonstrating that the defendant has an intention to
copy the plaintiff's mark involves showing that they were aware
of the plaintiff's mark when they filed the mark. This
awareness can be challenging to establish for foreign mark owners
who may not have used their mark in Indonesia or established sales
or distribution channels within the country.
