Analisis Yuridis terhadap Pembatalan Pengalihan Hak Merek dan Pembatalan Pendaftaran Merek oleh Direktorat Jenderal Kekayaan Intelektual (Studi Putusan Nomor 830K/Pdt.Sus-HKI/2024

Abstract

A trademark is a part of intellectual property rights that serves as a legal identity for goods and/or services in trade. In practice, the process of registering and transferring trademark rights often gives rise to legal issues, particularly when the transfer is carried out without fulfilling the applicable legal requirements. One of the most common issues is the cancellation of a registered trademark that has been transferred, especially when there are violations of substantive or procedural requirements. Based on this background, this research aims to analyze the procedure for canceling a registered trademark that has been transferred, the legal requirements for the validity of a trademark transfer, and the legal consequences arising from such transfer. This research uses a normative juridical method with a statutory and case study approach. Data were collected through literature review and analyzed qualitatively using a descriptive-analytical approach. The case study focuses on Decision Number 84/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst in conjunction with Supreme Court Decision Number 830K/Pdt.Sus-HKI/2024. The data used in this research are secondary data. The results of the study show that the cancellation of a registered trademark that has been transferred may be filed with the Commercial Court by an interested party, as regulated in Article 76 of Law Number 20 of 2016. If the transfer is carriedout without fulfilling formal requirements, such as failing to register the transferwith the Directorate General of Intellectual Property or involving bad faith on the part of the transferee, the trademark registration may be subject to cancellation. In the case analyzed, the judges considered legal violations and inconsistencies with the principles of trademark protection as grounds for granting the cancellation request.