The protection of Well-Known Trademarks has once again been reaffirmed in Indonesia. In Supreme Court Decision No. 41 K/Pdt.Sus-HKI/2026, Guangzhou Xiaopeng Motors Technology Co., Ltd., represented by AFFA Intellectual Property Rights, successfully prevailed at the cassation level and obtained a ruling recognizing XPENG as a Well-Known Trademark entitled to legal protection in Indonesia. This decision serves as an important example of how evidence of international reputation, extensive Trademark use, and a well-structured evidentiary strategy can persuade the Supreme Court to grant protection to the owner of a Well-Known Trademark. Background of the Dispute The case began when Guangzhou Xiaopeng Motors Technology Co., Ltd., the Chinese electric vehicle manufacturer known under the XPENG brand, filed a Trademark cancellation action against two Trademark registrations in Indonesia registered under another party’s name, namely Registration Nos. IDM000955526 and IDM000948231. According to the Plaintiff, both registrations bore substantial similarity to the XPENG Trademark, which had already been used and registered in numerous countries around the world. At the first instance, the Commercial Court of Central Jakarta dismissed the claim. However, through the cassation proceedings handled by the AFFA team, the matter was brought before the Supreme Court for further review of the legal reasoning applied by the lower court. The Supreme Court Recognizes XPENG as a Well-Known Trademark In its considerations, the Supreme Court concluded that Guangzhou Xiaopeng Motors Technology Co., Ltd. had successfully demonstrated that XPENG qualifies as a Well-Known Trademark. The Panel of Justices considered evidence showing that the XPENG Trademark had been registered in numerous jurisdictions, including China, the United States, the United Kingdom, Australia, Singapore, Malaysia, Hong Kong, the European Union, South Africa, New Zealand, and several other countries. In addition, the Supreme Court took into account extensive international promotional activities, awards received by the company, and XPENG’s successful enforcement of its Trademark rights in disputes abroad. This reasoning demonstrates that establishing Well-Known Trademark status requires a comprehensive approach, relying not only on Trademark registration certificates but also on evidence of reputation, market recognition, and international goodwill. Substantial Similarity Became a Decisive Factor The Supreme Court further found that the Trademarks registered by the Defendant were substantially similar to the XPENG Trademark. According to the Court, the dominant element of both marks was the term “X PENG,” consisting of the same sequence of letters and producing the same pronunciation. Consequently, the Supreme Court held that the two marks were likely to create a similar overall impression among consumers. This assessment is consistent with established principles of Indonesian Trademark law, under which substantial similarity may be found where Trademarks share dominant elements capable of creating an association or connection in the minds of consumers. Registration Filed in Bad Faith In addition to finding substantial similarity, the Supreme Court also concluded that the Defendant’s Trademark registrations had been filed in bad faith. The Court determined that the registrations constituted an attempt to imitate or take advantage of the reputation of the XPENG Trademark, which had already gained recognition and protection in numerous countries. Therefore, despite having previously obtained administrative registration in Indonesia, the registrations remained subject to cancellation through legal proceedings. The Supreme Court Grants XPENG’s Claims Based on the evidence presented, the Supreme Court ultimately: Granted the cassation petition filed by Guangzhou Xiaopeng Motors Technology Co., Ltd.; Overturned the decision of the Central Jakarta Commercial Court; Declared that the Defendant’s Trademarks were substantially similar to the XPENG Trademark; Declared that the Defendant had registered the Trademarks in bad faith; Cancelled Trademark Registration Nos. IDM000955526 and IDM000948231; and Ordered the removal of both registrations from the General Register of Trademarks. The Importance of Evidence in Well-Known Trademark Disputes This case demonstrates that Well-Known Trademark status is not granted automatically. Trademark owners must still be able to prove their reputation, use, promotion, and ownership of rights across multiple jurisdictions. Less than one year after the Central Jakarta Commercial Court rendered its decision on May 8, 2025, the Supreme Court, through Decision No. 41 K/Pdt.Sus-HKI/2026 dated April 8, 2026, overturned the lower court’s ruling and granted all claims brought by Guangzhou Xiaopeng Motors Technology Co., Ltd. In this matter, Guangzhou Xiaopeng Motors Technology Co., Ltd.’s success in establishing XPENG as a Well-Known Trademark was supported by a comprehensive evidentiary strategy and the presentation of evidence demonstrating the brand’s global reputation before the Court. For Trademark practitioners and businesses alike, this decision serves as an important reference on how Indonesian courts assess Well-Known Trademark status, substantial similarity, and bad faith in Trademark cancellation proceedings. For further information regarding legal representation in Trademark disputes or other Intellectual Property matters in Indonesia, please contact us through our channels below and take advantage of our complimentary 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
