We are proud to share our recent success as our attorneys Nabil Baswel, Lisa Karismawatie and Reihan Faiz, represented our client in a trademark dispute at the Commercial Court of the District Court of Central Jakarta. The case involved our clients, a Japanese multinational design company that was founded in 1950 and is known for stationary products, against a Surabaya based Indonesian company.
On November 23rd, 2023 our client filed a non-use deletion action lawsuit against the Defendant’s Mark that has been registered since 2004. The Plaintiff has owned and consistently used the trademark since 1987, with registry in multiple nations such as Japan, Vietnam, Australia, UK, USA, among others. They sought to register the mark in Indonesia, which has already been registered by the Defendant.
In this case, we have successfully proved that The Defendant has not used its mark since its registry or for 3 (three) consecutive years from the last usage or at least before we filed the lawsuit,which fulfill the legal basis of the non-use deletion action as stipulated in Article 74 of Law No. 20 Year 2016 on Trademarks and Geographical Indication.
Decision
Upon these arguments and evidence, the Court released Decision No. 109 /Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst that gave a favorable ruling to our clients. The rulings include, though are not limited to:
- Granting the entirety of the Plaintiff’s request in its entirety
- Declaring that the Plaintiff is a third party with valid interest to pursue cancellation of mark.
- Declaring that the mark owned by the Defendant has not been used since the registry or three years before the lawsuit was filed.
- To cancel the registered mark owned by the Defendant
Conclusion
This case highlights the non-use doctrine – it is an essential knowledge for all trademark owners, especially for major businesses.
We again extend our congratulations to our team of attorneys– Nabil Baswel who skillfully led our team with support from Reihan Faiz Thalib and Lisa Karismawatie.
We at Am Badar & Am Badar always ensure high-quality services for the best results. If you require intellectual property information, counseling, trademark cancellation action, or any legal support, please do not hesitate to contact us at ambadar@ambadar.co.id.