Resolution 2026: Own Your Trademark – The First Step to Starting Any Business - AFFA IPR

Resolution 2026: Own Your Trademark – The First Step to Starting Any Business

Intellectual Property, TrademarkLeave a comment

As we enter 2026, business practices are undergoing increasingly significant changes. Business is no longer limited to selling physical products or providing conventional services on online platforms. The rise of content creators, podcasters, streamers, influencers, and professionals with strong personal brands has made the business landscape more competitive, dynamic, and diverse. They, too, engage in commercial activities—monetizing value, reputation, and trust built through their public personas.   Amid intensifying competition, one element stands out as a key differentiator: Trademark.   A strong name is not merely an identity; it is the foundation of branding that allows a product, service, or persona to stand apart, be recognized, and be remembered.   BMW? Nike? Amazon? Certainly. But today, we are also familiar with names such as ISawSpeed, MrBeast, or You Can’t See Me by John Cena, and IP-based characters like Bumblebee and Kamen Rider—brands that are not only popular but have also been registered as Trademarks.   Because branding without legal protection is a risk that is often only realized when problems have already arisen.   Branding Alone Is Not Enough Without Legal Ownership   Many business owners and content creators focus on building their name, audience, and reputation over the years. Followers increase, loyal customers are formed, and commercial value grows. Unfortunately, many overlook one critical question: “Do we actually own this name legally?”   Without Trademark registration, there is no exclusive legal ownership of the name being used. This means another party may still have the opportunity to register the same name first. If that happens, the consequences can be severe—an established product, service, or persona may be forced to change its name and could even face legal claims.   This situation is far from rare. In fact, it often affects those who have already achieved success without securing Trademark protection from the outset.   A Trademark Is an Asset—From Day One   There is still a common perception that Trademark registration is only relevant for large companies. In practice, however, a Trademark is most critical at the earliest stage—when a business, channel, or personal brand is just being built.   Whether you are running a small or medium-sized enterprise, a digital startup, a service-based business, or developing a personal brand as a content creator or professional, the name you use is a commercial asset. The more your activities grow, the more valuable that asset becomes. Without legal protection, it is highly vulnerable.   How to Become the Lawful Owner of a Trademark   To obtain lawful and exclusive ownership, Trademark registration must be carried out strategically. The process is not merely about filling out forms; it requires legal understanding and sound business planning. Below are five key steps to consider:   Conduct a Trademark Search A search aims to ensure that the intended name does not conflict with an existing registered Trademark. Similarity is assessed not only visually, but also in terms of pronunciation, sound, and overall impression. This step is essential to avoid the risk of rejection at a later stage. Understand Whether the Name is Registrable Not all names qualify for Trademark protection. Names that are too generic, merely descriptive of the goods or services, misleading, contrary to law, or similar to well-known Trademarks may be rejected. An ideal Trademark has distinctiveness and a clear identity. Determine the Appropriate Trademark Class Trademark registration is based on classifications of goods and/or services. Class selection must be done carefully, as it defines the scope of protection. Incorrect class selection may result in inadequate protection or create opportunities for others to register the same name in different fields. Understand the Examination Stages Once filed, a Trademark application goes through formality examination, publication, and substantive examination. During these stages, refusals or objections from third parties may arise. Proper handling requires legal insight and a well-prepared strategy. Consult a Trademark Consultant to Protect Your Business Future If your focus is on long-term business sustainability, the role of a Trademark Consultant becomes highly relevant. A consultant does not merely handle administrative matters, but also: analyzes risks from the outset; provides strategic recommendations on names and classes; assists in responding to refusals or objections; and ensures that Trademark protection aligns with long-term business plans.   For example, if you plan to add product variants, diversify your business, or expand internationally, a Trademark Consultant can provide precise guidance on how your Trademark should be protected.   With proper assistance, Trademark registration becomes a legal investment, not merely a formal obligation. From a cost perspective, this investment is highly reasonable, considering that Trademark protection is valid for 10 years.   Your Resolution – Your Future   Resolution 2026 is not only about increasing revenue, expanding markets, or gaining more followers. A far more fundamental resolution is ensuring that whatever you build—products, services, or personas—stands on a solid legal foundation.   A Trademark is not an accessory; it is an identity and an exclusive right. Register your Trademark from the outset to ensure that your business journey is secure, sustainable, and legally protected.   Because in the business world, those who endure are not only those who grow the fastest, but those who are best prepared to protect their assets.   Should you need more information on Trademark registration in Indonesia or globally, please contact us directly through the following channels and receive a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889

One Product with Multiple Trademarks: A Smart Protection Strategy or Simply Overkill? - AFFA IPR

One Product with Multiple Trademarks: A Smart Protection Strategy or Simply Overkill?

Intellectual Property, Trademark1 Comment

In business practice, it is not uncommon to find a single product displaying more than one Trademark. This may include not only the primary logo, but also series names, sub-brands, flavor variants, mascots, and other visual elements—each of which may have been registered as a separate Trademark.   This phenomenon is commonly found in snacks, beverages including syrups, sports shoes, apparel, and even professional jerseys.   The question is: is the “one product, multiple Trademarks” strategy truly effective, or is it excessive?   Understanding the Concept: House Mark vs. Sub-Brand vs. Product Variants From a branding perspective, not every sign appearing on a product serves the same function. In general, Trademarks as a branding strategy can be broken down into three layers:   House Mark The core identity of the company or brand (for example, the main logo). Sub-Brand or Line Name The name of a specific product line (such as running shoes, basketball shoes, or lifestyle collections). Product Variants Flavor names, special editions, or distinctive names that are developed and used consistently.   If each of these layers is used consistently, functions to distinguish products, and is recognized by consumers as an indicator of origin, then each may legally be registered as a Trademark.   When Do Multiple Trademarks Become a Good Strategy? From a Trademark protection perspective, this approach can be considered appropriate and high-value when:   Each Trademark Has Independent Commercial Value Example: Flavor variant names for certain beverages that are more widely recognized than the corporate brand itself. Shoe series that have their own dedicated fan base, independent of the house mark. In such cases, separate registrations help secure future business assets, including for licensing, collaborations, and product spin-offs. High Risk of Imitation in the Market The more famous an element of a product becomes, the higher the risk of imitation. If only the main logo is registered: Imitators may avoid using the logo, but still replicate popular series names or product variants. Registering multiple Trademarks narrows legal loopholes and broadens the basis for enforcement. Long-Term Brand Architecture Strategy For large companies, multiple Trademarks are not merely about protection—they form part of a structured brand architecture. With a well-organized system, each element can be independently developed, sold, or licensed.   When Does This Strategy Become Overkill? That said, not every “multiple Trademark” approach reflects a sound strategic decision. It may become overkill when:   The Trademark Is Not Genuinely Used If a name appears only once, is used inconsistently, or is not recognized by the market, its registration risks cancellation for non-use and may become a renewal cost with no real business value.  Costs Are Disproportionate to Value Each Trademark registration entails filing fees, maintenance costs, and renewal fees. Without proper portfolio analysis, a company may end up merely “collecting certificates” without achieving effective protection.  Consumer Confusion Too many logos and names on a single product can weaken the core brand identity, blur brand messaging, and even dilute differentiation.   Case Example: Sports Jerseys and Sponsor Logos Sports jerseys provide an interesting example of one product bearing multiple Trademarks, as they typically display the club’s Trademark, the apparel brand’s Trademark, the main sponsor’s logo, and additional sponsor logos.   This multi-logo product raises several legal implications: Each logo represents a separate Trademark owned by a different party. Replica or counterfeit jerseys may simultaneously infringe: the club’s Trademark, the apparel brand’s Trademark, and the sponsor’s Trademark(s).   In other words, a single counterfeit product can result in multiple Trademark infringements within one object. However, not all sponsors register their Trademarks in apparel-related classes. Counterfeit manufacturers often exploit this gap to evade enforcement actions.   Ultimately, Strategy Matters More Than Quantity Therefore, the question of whether this approach is “smart or wasteful” is not determined by the number of Trademarks, but by their business function, consistency of use, and long-term protection strategy.   One product with multiple Trademarks can be a very powerful strategy—but without proper planning, it can also become a cost without value. This is why Trademark portfolio audits, imitation risk mapping, and proportional registration strategies are essential.   Should you need further information regarding Trademark protection strategies domestically or internationally, please contact us through the following channels and get a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889

Maldives Adopts Its First Trademark Act: 12-Month Transition Period for Brand Owners - AFFA IPR

Maldives Adopts Its First Trademark Act: 12-Month Transition Period for Brand Owners

Intellectual Property, TrademarkLeave a comment

On 11 November 2025, the President of the Maldives, Dr. Mohamed Muizzu, ratified the Trademark Bill, which has now been promulgated as the Trademark Act (Law No. 19/2025) through publication in the Government Gazette.   The Act will enter into force on 11 November 2026, followed by a 12-month transition period for existing Trademark owners who have been relying on cautionary notices. This milestone marks the establishment of the country’s first comprehensive, registration-based Trademark protection system, replacing the long-standing practice of relying on cautionary notice publications.   Key Features of the New Trademark Act First-to-File System Trademark rights will be determined based on the filing date, with examination on both absolute and relative grounds. Additional safeguards are provided for well-known marks. Term of Protection and Renewal Registered Trademarks will be valid for 10 years from the filing or registration date and may be renewed indefinitely in successive 10-year periods. Transition Requirements for Existing Owners Brand owners currently relying on cautionary notices must file formal Trademark applications within 12 months from 11 November 2026 to maintain uninterrupted protection. Strengthened Enforcement Mechanisms The Act equips rights holders with a full suite of enforcement tools, including: Civil actions (injunctions, damages, and destruction or removal of infringing goods); Criminal penalties for counterfeiting; and Customs border measures to block the importation of infringing products. Issuance of Implementing Regulations Competent authorities are required to publish implementing regulations and guidelines in the Government Gazette within 6 months of the Act taking effect.   What Should Businesses Do Now? Businesses operating in or entering the Maldivian market are advised to: Review Your Trademark Portfolio Identify Trademarks currently protected only through cautionary notices. Prepare for Re-Registration Prepare documentation for filing once the 12-month transition window opens on 11 November 2026 to ensure continuity of protection. Update Internal IP Processes Align brand protection and enforcement strategies with the upcoming registration-based regime.   Should you need more information on Trademark registration in the Maldives or other international jurisdictions, contact us through the channels below and get a FREE 15-minute consultation!   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889

MATCHAMAN’s Trademark Strategy: A Blueprint for Indonesian Brands Going Global through the Madrid Protocol - AFFA IPR

MATCHAMAN’s Trademark Strategy: A Blueprint for Indonesian Brands Going Global through the Madrid Protocol

Intellectual Property, Trademark

In an increasingly competitive global market, Trademark protection is no longer optional—it is a fundamental foundation for business growth. One Indonesian brand leading by example is MATCHAMAN, a matcha-based beverage brand owned by PT. Puyo Grup Indonesia, widely recognized for its silky pudding outlets across the country.   Today, MATCHAMAN has become a rising name among premium matcha enthusiasts, gaining attention through its two flagship locations in Melawai Blok M and Pacific Place SCBD, South Jakarta.   A Contemporary Matcha Experience   Matcha is not new in Jakarta. Yet, MATCHAMAN brought fresh excitement to the scene when it launched in Blok M. Drawing inspiration from contemporary matcha cafés in Bangkok, MATCHAMAN emphasizes a casual, on-the-go drinking experience supported by a striking interior—metallic grays, vibrant emerald tones, and warm wood elements that pay homage to Japanese design.   At its heart lies an open bar under a high ceiling, softly lit—yellow during the day, green after sunset—where matcharistas prepare every cup using traditional techniques learned from Tokyo and Kyoto tea houses: Hot water at exactly 80°C, whisked with bamboo tools in handmade chawan, producing silky, foamy perfection!   Building a Strong Brand Foundation   MATCHAMAN has taken exemplary steps to protect its business identity. In December 2024, the brand filed its Trademark in Indonesia under: Class 30: matcha-based beverages, matcha latte, green tea, powdered green tea, etc. Class 43: beverage service, hot and cold drink bars, boba service, and similar activities.   MATCHAMAN successfully obtained registration in June 2025, with protection valid until December 2034.   This careful and timely registration ensures that MATCHAMAN retains exclusive rights over its brand in Indonesia—preventing misuse, counterfeiting, and unfair competition.   Going Global with the Madrid Protocol   With a strong foundation at home, MATCHAMAN wasted no time in taking the next step. In September 2025, the brand filed an international application under the Madrid Protocol through WIPO, designating: Australia Japan Malaysia Singapore   AFFA supported the Trademark filing under the Madrid Protocol, streamlining the process for securing overseas protection.   Why the Madrid Protocol Matters?   The Madrid Protocol allows brand owners to: File once to cover multiple countries. Manage and renew registrations centrally. Save time and cost compared to filing country-by-country. Expand quickly with legal security.   This strategy exemplifies global best practice: Register in the home country first. Use the Madrid Protocol to efficiently reach new markets.   By securing its identity abroad, MATCHAMAN ensures its brand remains exclusive and protected wherever it intends to grow.   Fast Execution: MATCHAMAN Lands in Japan   Soon after filing its international Trademark application, MATCHAMAN moved swiftly to tap into overseas markets—starting at the very heart of matcha culture: Japan!   MATCHAMAN made its Japan debut through a collaboration with a local F&B player, attracting enthusiastic public response. The collaboration demonstrated strong market interest and validated MATCHAMAN’s positioning as a modern matcha brand with global appeal.   This early success signals promising opportunities for future development abroad—made possible by proactive Trademark protection.   As MATCHAMAN stands as a model for Indonesian businesses aiming to expand globally, its strategy demonstrates key lessons: Trademark first — expansion second. Protect at home, then secure key foreign markets. Use efficient international systems like the Madrid Protocol. Move fast once legal protection is in place.   By protecting its brand early, MATCHAMAN ensures that its creativity, identity, and business potential stay exclusively its own—allowing it to grow confidently and competitively worldwide.   With strong IP protection, businesses like MATCHAMAN can step boldly into the global arena—safe, confident, and ready to thrive.   Should you need more information on registering a Trademark in Indonesia and globally, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Can a “Hashtag” Be Registered as a Trademark in Indonesia? - AFFA IPR

Can a “Hashtag” Be Registered as a Trademark in Indonesia?

Intellectual Property, Trademark

In the digital era, hashtags (#) that precede certain slogans or statements have become an important tool in marketing strategies. They make it easier for the public to find specific campaigns on social media, strengthen promotional identity, and even build user communities.   Some examples of commonly encountered hashtags include: #FYP #photooftheday #KeepCookingMama #FreakyFriday #HowLowCanYouGo   However, when a hashtag grows more popular and becomes closely associated with the identity of a product or service—or there’s even an intention to monopolize it—the question arises: “Can a hashtag be registered as a Trademark?”   In Principle, Yes — But It’s Not Automatically Acceptable   By definition of the Indonesian Trademark Law, a Mark means any sign capable of being represented graphically in the form of drawings, logos, names, words, letters, numerals, color arrangements, in 2 (two) and/or 3 (three) dimensional shape, sounds, holograms, or a combination of 2 (two) or more of those elements to distinguish goods and/or services produced by a person or legal entity in trading goods and/or services. Nevertheless, in Trademark examination practice, the hashtag symbol (#) alone is not considered a distinctive element. In other words, when filing #HowLowCanYouGo, the examiner does not assess the “#” but evaluates the word elements “How Low Can You Go.”   Accordingly, a hashtag can be registered as a Trademark if the phrase within it meets the distinctiveness test as per Article 20 of the Indonesian Trademark Law, namely: Not generic Has distinctiveness Not descriptive Not merely a promotional call-to-action Not misleading Not to violate public order, regulations, or morality   If the phrase is too generic, the application risks being refused.   Hashtag + Removing Spaces Doesn’t Automatically Make It a New, Unique Word   There’s an assumption that a slogan will be easier to register if it’s written without spaces and prefixed with a hashtag, for example: “Indonesian Pride” → #IndonesianPride “Support Local Coffee” → #SupportLocalCoffee   However, this does not automatically turn it into a new, unique word. Examiners will still assess whether the phrase has distinctiveness. If the original meaning remains easily understood—e.g., as a promotional expression—its strength as a Trademark is still considered weak.   In short, adding “#” and removing spaces does not automatically increase the chances of registration!   Comparative Registration Chances   Form Example Chance to be  Registered Reason Descriptive Slogan INDONESIAN PRIDE Low Generic phrase/ Promotion. Without Spaces INDONESIANPRIDE Low-Medium Meaning remains clear. With Hashtag #INDONESIANPRIDE Low-Medium “#” adds no distinctiveness. Arbitrary/Fanciful Word XYRANGER High Non-descriptive & unique. Hashtag + Arbitrary #XYRANGER High Strength lies in the core word.   The core assessment remains the same: it’s not about the format, but how distinctive the phrase is.   How to Give a Hashtag a Better Chance of Being Registered in Indonesia?   If you want to protect a hashtag as a Trademark, consider: Using an arbitrary or unique word. Avoiding purely promotional phrases. Adding a distinctive brand element.   For example: #KROriginal #24hourbyMaduraShop #XyRangerEveryday   If the core wording has strong distinctiveness, the chances of successful registration are higher—even without the hashtag.   Therefore, if you use hashtags in marketing campaigns and want to protect them as a Trademark, ensure the wording is distinctive enough to differentiate your products or services from others.   Should you need more information on registering hashtags as Trademarks, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Timor Leste Joins ASEAN: What It Means for Your Trademark Protection Strategy - AFFA IPR

Timor Leste Joins ASEAN: What It Means for Your Trademark Protection Strategy

Intellectual Property, Trademark

At the 47th ASEAN Summit held on 26–28 October in Kuala Lumpur, Malaysia, Timor Leste was ratified as the 11th member of ASEAN. Under the “Trade in Goods” framework, you may consider Timor Leste as your next export destination, since ASEAN membership brings more competitive tariffs, efficiency, and easier distribution within the region.   But how can you secure Trademark protection in Timor Leste? Remember: distributing and trading without Trademark protection is a high-risk move!   Trademark Regulations in Timor Leste At present, there is no dedicated government authority handling Trademark registration in Timor Leste. Therefore, Trademark protection is obtained by publishing Cautionary Notices in local newspapers to inform the public of your claim of ownership. The publication must include a statement of ownership and a warning to others not to use the Trademark without permission.   Trademarks That Can Be Recorded Because there is no formal Trademark registration system yet, there are no specific criteria for what can or cannot be registered. However, Trademarks published through Cautionary Notices should be: Unique and not imitative of other well-known Trademarks. Not in violation of local social or cultural norms. Conversely, Trademarks we do not recommend recording include: Purely descriptive or generic marks without distinctive elements. Marks that reference national or international symbols without authorization. Marks that are similar to well-known Trademarks abroad.   Required Conditions and Documents To publish Cautionary Notices in Timor Leste, you will need: Cautionary Notice Text: An official statement including the Trademark owner’s name and address, and a detailed description of the Trademark. Trademark Specimen: A clear representation of the Trademark to be published.   Procedure/Stages for Recording a Trademark via Cautionary Notices The publication procedure includes: Document Preparation: Drafting the Cautionary Notice text and preparing the Trademark specimen. Translation: Translating documents into the official language(s), if required. Publication: Submitting the Cautionary Notice to a local newspaper for publication. The duration of each stage may vary depending on process efficiency and newspaper schedules—ranging from several weeks to a few months. Additionally, because there is no formal registration system, no official certificate is issued.   What to Do After Your Trademark Is Published After publication of the Cautionary Notice, you as the Trademark owner are advised to actively use the Trademark in business to avoid the risk of claims by others. You—and your Trademark Consultant with representation in Timor Leste—should also actively monitor its use. If an unauthorized party uses the Trademark, you may take legal action based on the published notice.   Term of Protection in Timor Leste There is no specific protection period in Timor Leste due to the absence of a formal system. However, you are advised to renew the Cautionary Notice every two years to reinforce protection.   Since the system is not based on formal registration, there is no clear grace period if you are late with renewal. Nevertheless, the longer a Trademark goes without republication, the higher the risk that others may use it.   Ready to record your Trademark in Timor Leste? For more information, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Manufacturing Without Trademark Ownership - Is It Safe? - AFFA IPR

Manufacturing Without Trademark Ownership – Is It Safe?

Intellectual Property, Trademark

This question often arises amid the growing investment climate in Indonesia’s manufacturing industry. But what if the answer is: “not entirely safe”? What should you do to address all the risks?   Risk of Infringement   Even if you are the one manufacturing the product, the Trademark being used may already have been registered by another party beforehand. This could lead to claims of Trademark Infringement, resulting in lawsuits and/or legal actions against your activities deemed to be violating the rights of others.   Production = Commercial Activity   It is important to note that production or manufacturing is considered a commercial activity, even if the products are not sold in the Indonesian market. This means that potential disputes still exist, even if the distribution is solely intended for export.   Risk of Customs Seizure   If a Trademark owner has recorded their Trademark with Customs, your products may be at risk of being blocked or seized during import or export. As a result, the goods may never reach the buyer, causing significant financial losses.   What Is the Solution?   Ensure that the products you manufacture are already protected by a registered Trademark in Indonesia. If you are not the owner of the Trademark, make sure you have obtained an official license from the rightful Trademark owner, duly recorded with the Indonesian Trademark Office (DGIP), to carry out the production. Without Trademark registration, your business will always remain vulnerable.   With ownership of a registered Trademark, your production, distribution, and export processes will be protected and safeguarded from disputes or legal barriers in the future.   For more information regarding Trademark registration in Indonesia, contact us directly through these channels and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Client’s Victory: The Court of Commerce Invalidates "Deli Waffle" Trademark Registration - AFFA IPR

Client’s Victory: The Court of Commerce Invalidates “Deli Waffle” Trademark Registration

Intellectual Property, Trademark

In a significant development for Intellectual Property rights protection in Indonesia, AFFA Intellectual Property Rights has officially submitted a request to the Directorate General of Intellectual Property (DGIP) on 11 September 2025 to implement a landmark court decision by recording the invalidation of the “Deli Waffle + Logo” Trademark (No. IDM001120480) owned by ICEN LESTARI.   This follows a ruling issued on 10 July 2025 by the Commercial Court at the Central Jakarta District Court (Case No. 22/Pdt.Sus-Merek/2025/PN.NIAGA.JKT.PST), which fully granted a Trademark bad-faithi invalidation filed by Singapore-based PRIMA LIMITED—represented by AFFA—against ICEN LESTARI. The decision, which attained permanent legal force on 8 September 2025, affirms the principle of good faith in Trademark registration and reinforces Indonesia’s commitment to international brand protection.   Background of the Dispute   PRIMA LIMITED, a company established under Singaporean law, has actively developed and promoted its “Deli Waffle” products globally. The company has secured Trademark registrations for “Deli Waffle” in various jurisdictions, including Singapore (registered in 2020), Australia (registered in 2022), and China (registered in 2023). In Indonesia, PRIMA LIMITED had also initiated Trademark applications for “Deli Waffle + Logo” in 2022 and 2025.   The core of the dispute arose when PRIMA LIMITED discovered that ICEN LESTARI had registered a highly similar “Deli Waffle + Logo” Trademark (No. IDM001120480) in Indonesia, with a filing date of November 2022. This action prompted PRIMA LIMITED to file a Trademark invalidation lawsuit on 5 March 2025.   Key Arguments and Court’s Findings   PRIMA LIMITED contended that ICEN LESTARI’s Trademark registration exhibited fundamental similarities in its principal and overall elements, including visual appearance, phonetics, and the type of goods/services protected, with PRIMA LIMITED’s existing “Deli Waffle” mark. More critically, PRIMA LIMITED argued that ICEN LESTARI’s registration was undertaken in bad faith, with the intention to imitate or plagiarize a well-known mark. The plaintiff presented evidence of its extensive marketing efforts, including brochures and online presence, indicating its prior and widespread use of the “Deli Waffle” mark, including in Indonesia.   The Commercial Court’s deliberations extensively covered these points. Applying provisions from Law No. 20 of 2016 concerning Trademarks and Geographical Indications (Trademark Law), the Court concluded that there was indeed a fundamental similarity between the two marks. The Court highlighted that the similarity was evident in the word “Deli Waffle,” its spelling, and the accompanying logo, leading to potential consumer confusion and unfair competition.   Crucially, the Court found conclusive evidence of bad faith on the part of ICEN LESTARI. The ruling explicitly stated that the defendant’s actions were intended to mimic or plagiarize the plaintiff’s mark, thereby exploiting the reputation and market presence built by PRIMA LIMITED. The Court referenced Article 21 (3) of the UU Merek, which stipulates that Trademark applications filed in bad faith shall be rejected. The Court also upheld the principles of Article 21 (1) (a), which dictates that a Trademark should be rejected if it bears fundamental or overall similarity to an earlier-registered mark owned by another party for similar goods or services.   The Court’s Verdict   Based on these findings, the Commercial Court at the Central Jakarta District Court issued the following decisive orders on 10 July 2025: Granting the Plaintiff’s lawsuit in its entirety. Declaring PRIMA LIMITED as the legitimate owner of the “Deli Waffle + Logo” Trademark. Declaring the Defendant’s “Deli Waffle + Logo” Trademark (No. IDM001120480) to be fundamentally similar to the Plaintiff’s mark. Declaring that the Defendant’s Trademark registration (No. IDM001120480) was conducted in bad faith. Invalidating the registration of the Defendant’s “Deli Waffle + Logo” Trademark (No. IDM001120480) from the General Register of Trademarks, along with all its legal consequences. Ordering the Directorate General of Intellectual Property (DGIP) to record this invalidation and publicize it in the Official Trademark Gazette. Ordering the Defendant to pay the court costs amounting to IDR 1,120,000.00.   Significance for IP Protection in Indonesia   This ruling serves as a powerful deterrent against Trademark squatting and bad-faith registrations in Indonesia. It underscores the importance of conducting proper due diligence and registering Trademarks in good faith. For international companies like PRIMA LIMITED, this decision provides significant assurance that their intellectual property rights will be recognized and protected under Indonesian law, even against attempts to exploit their brand’s reputation.   AFFA Intellectual Property Rights is proud to have represented PRIMA LIMITED in securing this vital victory, reaffirming our commitment to defending our clients’ innovations and brands in the complex landscape of intellectual property law.   For more information regarding IP protection in Indonesia, please contact us through the following channels:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Why You Should File Your Trademark in Bahasa Indonesia? - AFFA IPR

为什么要在印度尼西亚以印尼语提交商标申请?

Intellectual Property, Trademark

当您在像印度尼西亚这样的外国提交商标时，风险并不总是来自直接抄袭。当地的“抢注者”往往会将您的商标翻译、音译或改造为印尼语（Bahasa Indonesia），从而制造出一个混淆性相似的版本，依然能够吸引您的市场，但在概念上却与您的商标相似甚至相同。 印尼《商标法》不仅承认相同商标，也承认混淆性相似商标可能构成侵权。然而，如果您仅以原始外文提交商标申请，就可能给他人留下机会，去抢先注册其印尼语对应版本。 例如，您已经在第3类（化妆品）中申请了“ROSE”商标。但如果审查员在审查过程中未能充分注意到概念上的相似性，其他人依然有机会在相同类别中注册“MAWAR”（“ROSE”的印尼语翻译）。 通过在一开始就同时申请印尼语版本的商标，您就能够锁定品牌身份的两个版本，大大增加了当地“山寨者”利用翻译漏洞的难度。 ? 邮箱 : [email protected] ? 电话预约 : +62 21 83793812 ? 微信 : AFFAIPR

[Policy Insight] Free from Tariffs for U.S. Brands to Indonesia — Why Trademark Protection Is Your First Move - AFFA IPR

[Policy Insight] Free from Tariffs for U.S. Brands to Indonesia — Why Trademark Protection Is Your First Move

Intellectual Property, Trademark

A new trade agreement between the United States and Indonesia, announced by President Donald J. Trump, marks a turning point for U.S. businesses eyeing Southeast Asia. The key highlights:   Full market access for U.S. goods—no tariffs, no non-tariff barriers. Indonesia commits to purchasing $15 billion in U.S. energy, $4.5 billion in agricultural goods, and 50 Boeing jets. A 19% tariff remains on Indonesian goods entering the U.S.   What Does This Mean for U.S. Brand Owners?   Indonesia, with over 280 million consumers, is now one of the most accessible emerging markets for U.S. companies. But while opportunity is ripe, first-mover advantage goes only to those who protect their brands early.   Seamless Market Entry, But Not Without Risk Lower costs and fewer trade barriers mean U.S. brands in fashion, beauty, tech, F&B, automotive and lifestyle can expand into Indonesia faster than ever. However, this also means faster exposure to copycats. Register Your Trademark Before Someone Else Does Indonesia follows a first-to-file Trademark system. That means anyone can register your brand name if you haven’t already—and legally block your business. Early registration isn’t just a legal formality; it’s your strongest business shield. Expect Counterfeits & Trademark Squatters With increased visibility comes increased risk. Unauthorized sellers, counterfeiters, and opportunistic squatters often rush to register well-known foreign brands locally. Once they do, legal recovery becomes costly and time-consuming.   Secure Your Brand Now—Not After the Damage Is Done This trade deal opens the floodgates—but only for brands that are protected. Don’t let your U.S. success be undermined overseas. Register your Trademark in Indonesia before launching your products or entering into distributor agreements.   Need help protecting your Trademark in Indonesia? Book a free 15-minute call with our professional consultant:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889