Legal protection of registered trademark exclusive rights is a crucial instrument in ensuring legal certainty and preventing unfair business competition. This study analyzes the legal protection of the exclusive rights of the "LUMINOS" trademark in a dispute with the "LUMINOSLED" trademark based on Decision Number 105/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst., and examines the responsibilities of the Directorate General of Intellectual Property (DJKI) in the trademark cancellation dispute. The research method employed is normative juridical with statutory and case study approaches, utilizing secondary data analyzed qualitatively. The research findings indicate that legal protection for the "LUMINOS" trademark is realized through a trademark cancellation lawsuit in the Commercial Court, where the panel of judges proved the existence of substantial similarity between the two trademarks based on visual, phonetic, and conceptual approaches, and demonstrated bad faith in the registration of the "LUMINOSLED" trademark. DJKI's responsibilities in this dispute encompass three dimensions: preventive in conducting substantive examination, management to ensure the accuracy of the General Register of Trademarks, and executorial in implementing the trademark cancellation decision. This decision affirms that Indonesia's trademark legal system adopts a checks and balances mechanism that allows judicial correction of DJKI's administrative decisions to maintain legal certainty and substantive justice in trademark protection.
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Sbastyan et al. (2025) studied this question.
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