DALUWARSA GUGATAN PEMBATALAN MEREK DALAM HAL TERDAPAT UNSUR ITIKAD TIDAK BAIK (Studi Terhadap Kasus Merek Coffeeberry dalam Putusan Pengadilan Niaga No 37/Pdt.Sus-Merek/2018 PN.Niaga.Jkt.Pst jo Putusan Mahkamah Agung Nomor 769 K/Pdt.Sus.HKI/2019)

Trademarks that have been registered can be submitted for cancellation claim if the owner of the mark is proven to have bad faith in his registration. The period of filing a lawsuit is 5 (five) years since the mark is registered, but can be submitted indefinitely if there is bad faith. This study aims to determine the judge’s consideration in the Commercial Court Decision and Cassation Decision regarding the expiration date of the COFFEEBERRY trademark cancellation in the event that there is an element of bad faith in terms of Law Number 20 of 2016. This study uses a normative juridical method conducted using a case approach. Based on the results of the study, the Commercial Court Judge did non give any consideration regarding bad faith in the registration of the mark, so the Plaintiff’s claim was declared to have expired. Furthermore, at the cassation level, the Supreme Court saw that the application of the law did not really right, even though the trademark of the Cassation Petitioner (before the Plaintiff) was included in the category of well-known trademark. Does not require a lawsuit expiration requirement