February 15, 2022

This is the case of Indonesia trademark

By Romeltea | Published: February 15, 2022

This is the case of Indonesia trademark

Trademark conflicts that drag Indonesian trademarks are not new. As it is known that the brand is very important for a company. Because just by mentioning his name, people will immediately associate a product.

So, it is very natural for a company to file a lawsuit because there are other companies using a similar brand name. Well, here are some trademark cases that have occurred in Indonesia, where a foreign company filed a lawsuit against a local company for using the same brand name. 

By the way, trademark registration in indonesia is better to use a trademark consultant.

5 Shocking Indonesian Trademark Cases

1. Pierre Cardin case

A fashion designer from France, Pierre Cardin, who uses his name on his fashion products, filed a lawsuit against Alexander Satryo Wibowo in 2015. Alexander himself is an entrepreneur from Indonesia who has a product with the same brand name.

In the first trial, Pierre Cardin's lawsuit was rejected by the Panel of Judges, because Alexander had registered the trademark on July 29, 1977. Then Pierre continued his lawsuit to the level of cassation. 

Unfortunately, his claim was rejected again. Because the Supreme Court emphasized that there are differences between the two products. The difference is that Alexander's products contain the words "Product by PT Gudang Rejeki".

2. Lexus case

Lexus is a company brand of Toyota Motor Corporation which was founded on August 28, 1937. They have also filed a lawsuit against a local company called ProLexus. 

They sued that ProLexus' registration status be cancelled, because according to him, ProLexus is considered to be carrying their brand name. In addition, Lexus also does not want to cause confusion that makes people think that the two products are related.

Unfortunately, at both the first court and the cassation level, Lexus' lawsuit was rejected. Subsequently, Lexus filed an appeal again, but ProLexus objected and considered that there was a lack of parties involved.

The panel of judges also said that the lawsuit was considered to have expired. This is because ProLexus has been officially registered since September 29, 2000. Meanwhile, Lexus filed a lawsuit in 2013.

3. Monster Energy Company case

Californian beverage company Monster Energy Company, formerly the Hansen Beverage Company, filed a lawsuit in 2015 against a local beverage company also branded Monster. The reason is because this local brand has many similarities with the brand from the United States. 

At the first court and cassation level, the Panel of Judges also rejected the lawsuit and considered the lawsuit from an outside company premature.

4. IKEA case

This well-known brand from the Netherlands has also been against a company brand from Surabaya with the same name. 

Cases like this are again won by local companies. The judge explained that the application of the law in the court of first instance was carried out properly. 

According to Law No. 15 of 2001, it is stated that a mark that has not been used for 3 consecutive years can be removed from the General Register of Marks.

5. Bioneuron Case

On January 29, 2015, Merck, which is a pharmaceutical company brand from Germany, sued PT Phapros from Semarang for using the name Bioneuron and having similarities in speech, shape and sound. However, PT Phapros thinks that the lawsuit is a mere hoax.

In the first trial, the German Merck side was won by the Panel of Judges because the arguments issued were very strong. 

However, in September 2015 PT Phapros filed a cassation request because it considered that the Panel of Judges sided with the German company. The application was rejected because the law applied by the Panel of Judges was considered correct.

So much information about the Indonesian Trademark case that has occurred in Indonesia. Hope it is useful.*

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Romeltea adalah onair dan online name Asep Syamsul M. Romli aka Kang Romel. Praktisi Media, Blogger, Trainer Komunikasi from Bandung, Indonesia. Follow me: facebook twitter instagram linkedin youtube

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