Teavana, The Company from US has filed Trademark Cancelation of Teayana Trademark which has Registered in Indonesia with Trademark Certificate No. IDM000237042 owned by Mohamed Saleh Baeshen & Co.
Pursuant to Article 61 (2.a) No. 15 of 2001 about Trademark law, The Indonesian Trademark Office can revoke a Trademark if the Trademark has not been used for three (3) consecutive years in trading of goods and/or services as from the registration date or the latest use, except for reasons acceptable by the Directorate General.
Elucidation: The latest use is the use of the Trademark in the production of goods or services being traded or rendered. The moment of the latest use shall be the latest use though the goods are thereafter still in circulation in the general public.
The Plaintiff (Teavana Company) has filed Trademark registration for class 30 and 43 for tea products and cafe service.
Pursuant to Article 63 The abolition of a Trademark registration on for a reason as described in Article 61 paragraph (2) item (a) and item (b) may only be made by a third party in the form of a complaint to the Commercial Court.
The Plaintiff has registered case No. 37/pdt.Sus.MEREK/2014/PN.Niaga.Jkt.Pst on May 21, 2014. The Directorate of Trademark of Ministry of Justice and Human Rights of Indonesia has became second defendant in this lawsuit.
The Plaintiff is the retailer of tea product. Teavana has been open the business since 1997 and has grown in 35 countries with 330 stores. While Teayana Trademark had registered on February 17, 2010 for Class 43.
In Indonesia the requirements involved in filing the Cancellation Action based on non-use are as follows:
- A notarized and legalized Power of Attorney.
- Articles of Association of the company (if the Plaintiff is a company).
- The evidence of non-use of the adverse party’s trademark.
In order to reveal any information whether or not the trademark is being used by the adverse party in actual market in Indonesia, it is very recommended to conduct the investigation before filing a Cancellation Action.
References
- http://news.bisnis.com/read/20140916/16/257555/sengketa-merek-dua-perusahaan-teh-berebut-merek-dagang
- https://ambadar.dbxstaging.id/knowledgebase/cancellation-of-a-registered-trademark-in-indonesia
