The lessons of litigating well-known marks in Indonesia
18 July 2012
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Peter Leung, Hong Kong
Kao Corporation’s fight over the Biore mark is a textbook example of the challenges brand owners face in Indonesia, lawyers say
In a statement, the Japanese company’s lawyers, SKC Law, say Kao registered the Biore trade mark for its line of skincare products in 1982. PT Sintong Abadi, an Indonesian company, registered the mark in February 2011 in class 3, which includes skincare products. PT Sintong is represented by Adi Negara Siahaan.
Kao filed to cancel the Biorf trade mark in the Jakarta Commercial Court. The Court rejected Kao’s claims that the Biore brand was well known. It also found that Biore and Biorf were not similar.
A developing system
Lawyers say the case highlights the challenges brand owners face in Indonesia’s fast-growing market.
“You basically have a double whammy with these trade mark disputes”, said Nick Redfearn, Indonesia country manager for Rouse in Jakarta. “The trade mark office does not do revocation proceedings, so you have to go to court to litigate...
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