DELETION OF REGISTERED TRADEMARKS ON THE MINISTER'S INITIATIVE REGARDING THE SAPTA DARMA TRADEMARK DISPUTE (TRADE REGISTERED TRUST FLOW)

Abstract

This study discusses the authority of the Trademark Appeal Commission in the Cancellation of a Registered Trademark on the Minister's Initiative concerning the trademark dispute of Sapta Darma, which is a belief system, based on the provisions outlined in Act No. 20 Year 2016 concerning Trademarks and Geographical Indications and Government Regulation No. 90 of 2019 on Procedures for Applications, Examination, and Appeal Settlement at the Trademark Appeal Commission. In this context, the Cancellation of a Registered Trademark on the Minister's Initiative can serve as an alternative dispute resolution for trademark issues. However, there is no clear and structured guideline to serve as a reference for the administrative process of submitting such cancellation requests. The analysis results indicate that the Sapta Darma trademark meets the elements of "morality of religion" as outlined in Article 72 paragraph (7) of the Trademark Law in conjunction with Article 33 paragraph (1) of Government Regulation No. 90 of 2019, due to its similarity or resemblance to the symbol of the Sapta Darma belief system. Therefore, the Trademark Appeal Commission was correct in recommending the cancellation to the Minister, who subsequently issued a decision to cancel the trademark, as recorded on the official trademark search website of the Directorate General of Intellectual Property (DJKI). This study recommends the development of more comprehensive guidelines for the process of cancellation of registered trademarks on the initiative of the Minister, as well as enhancing public understanding of this process.