Cancellation Of Trademarks Initiated By The Minister Under Law No. 20 Of 2016 On Trademarks And Geographical Indications A Case Study Of The Sapta Darma Trademark

Abstract

The name "Sapta Darma" and its Javanese variant "Sapto Darmo" identify a single belief community, yet were registered as trademarks by particular parties. This normative juridical study examines the validity of such registration under Article 20 of Law Number 20 of 2016, its legal consequences and the role of the Trademark Appeal Commission. The findings show both spellings are allographs of one sign, phonetically and conceptually identical, thus contravening morality, religion and public order while lacking distinctiveness. Consequently, exclusive rights lapse through cancellation or ministerial-initiated removal upon the Commission’s recommendation. Thus, legal protection for the identity of indigenous beliefs must be enforced to prevent the unauthorized and exclusive use of such names as trademarks.