AFFA Represents Neo Factory Co., Ltd. (Thailand) in the Invalidation of the D-Nee Trademark Registration in Indonesia
In an increasingly competitive business landscape, a Trademark is not merely an identity—it is a strategic asset that determines trust, reputation, and business sustainability. However, in practice, not all business actors fully understand the importance of comprehensive Trademark protection from the outset. A recent decision by the Supreme Court of the Republic of Indonesia, Number 1337 K/Pdt.Sus-HKI/2025 Jo. Number 125/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst, reaffirms this point and serves as an important reminder for businesses not to underestimate the legal aspects of Intellectual Property in Indonesia. Case Chronology This case arose from the registration of a Trademark in Indonesia by a party whose mark bore substantial similarity to a trademark owned by a Thai trademark owner. Below is the key timeline: May 15, 1997 The original owner registered its Trademark in its home country (Thailand) for various Class 3 products such as soap, lotion, and personal care items. Global Expansion (following years) The Trademark was subsequently registered and used in multiple countries, including China, Malaysia, Bahrain, Cambodia, Laos, the United Arab Emirates, and Vietnam. December 19, 2018 A party in Indonesia filed a Trademark application with a name and appearance that were substantially similar. December 4, 2020 The Trademark obtained protection in Indonesia after undergoing the examination process. At this point, there was a gap of more than 21 years since the original registration by the rightful owner. December 23, 2024 AFFA, acting as the Plaintiff, filed a lawsuit to invalidate the Trademark registration against the Defendant at the Commercial Court of the Central Jakarta District Court. March 20, 2025 The Commercial Court at the Central Jakarta District Court issued an initial decision rejecting the claim of the original Trademark owner. March 27, 2025 A cassation appeal was filed by the original Trademark owner to the Supreme Court. April 9, 2025 The cassation memorandum was officially received by the court. December 17, 2025 The Supreme Court, at the cassation level, granted the cassation petition filed by AFFA. In its considerations, the Supreme Court stated that: The Indonesian Trademark had substantial similarity to the original Trademark. The registration was made in bad faith. The act had the potential to create unfair competition and mislead consumers. Based on these findings, the Supreme Court: Granted the cassation petition; Overturned the previous decision; Declared the Trademark registration in Indonesia invalid; and Ordered its removal from the general Trademark register. This case highlights one crucial point: Trademark protection is a business strategy, not merely an administrative process. The more than two-decade delay in this case demonstrates that failure to secure rights in a particular country can open opportunities for other parties to take advantage. At the same time, this decision provides reassurance that the Indonesian legal system continues to protect parties with strong grounds of use and established reputation. Business actors should consider the following strategic measures: Secure Trademark protection early, including in target expansion countries. Conduct comprehensive clearance searches before filing a Trademark. Build and consistently document brand reputation. Be prepared to enforce rights in the event of infringement. With the right approach, a Trademark becomes not only a business identity but also a solid foundation for long-term growth. Proper guidance from the outset will help ensure that each protection step is carried out strategically, minimizing the risk of disputes and preserving business value. Should you need further information regarding Trademark protection in Indonesia, feel free to contact us 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 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.