Legal Protection of Licensee Holders Responding to Trademark Cancellation From The Perspective of Legal Certainty

Abstract

Economic and technological developments encourage increasingly diverse business competition, so brands are needed to differentiate goods or services. Trademarks must be registered to gain legal protection, and allow their owners to grant permission to use through a license agreement. Through a trademark license, the trademark owner can expand his or her business reach, while the licensee acquires the right to use the trademark in commercial activities. However, problems arise when the trademark that is the object of the license agreement is canceled, either through a court decision or an administrative decision. This creates legal uncertainty for licensees who have acted in good faith and legally executed the agreement. This research aims to analyze the legal protection for licensees for trademark cancellation from the perspective of legal certainty. This research method uses a normative juridical. The concludes of the research show that regulations regarding trademark licensing in Indonesia still have legal gap related to the consequences of trademark cancellation, thus creating uncertainty and potentially harming licensees in good faith.