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

A Strong Signal to Proceed Confidently with Your IP Registrations - AFFA IPR

DGIP Resolves 92.99% of IP Applications in Q2 2025 — A Strong Signal to Proceed Confidently with Your IP Registrations

Intellectual Property

In an encouraging update from Indonesia’s Directorate General of Intellectual Property (DGIP), the second quarter of 2025 recorded a total of 82,661 IP applications, with an impressive 92.99% of them already resolved—an increase of 7.45% compared to the same period last year.   Here’s a quick breakdown: Copyrights: 41,855 applications, 100% resolved Trademarks: 33,613 applications, 30,630 resolved Patents: 2,876 applications, 2,336 resolved Industrial Designs: 1,856 applications, 2,030 resolved (some carried over from previous periods) Geographical Indications, Trade Secrets, and DTLST: minimal but all handled Others (post-application matters): 2,447 recorded What does this mean for IP owners and applicants?   DGIP continues to demonstrate improved efficiency—particularly in Copyright and Trademark matters, which make up the majority of total submissions. For businesses and creators, this is a strong signal to proceed confidently with their IP registrations.   At AFFA Intellectual Property Rights, we are proud to serve as your trusted partner in working with DGIP. As a registered and authorized IP consultant in Indonesia, we assist clients at every stage of the process: from filing and responding to office actions, to license recordals and post-registration services.   Let us take care of the complexities, so you can stay focused on what you do best—growing your business and innovating.   Need help protecting your IP in Indonesia? Book a free 15-minute consultation with one of our professional IP consultants:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889   Source:  Ministry of Law of the Republic of Indonesia

[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

Trademark, Intellectual Property

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

Indonesia Fosters a Thriving IP Ecosystem: Domestic and International Filings Soar Over the Past Decade - AFFA IPR

Indonesia Fosters a Thriving IP Ecosystem: Domestic and International Filings Soar Over the Past Decade

Geographical Indication, Intellectual Property, Trademark, Patent, Copyright

Indonesia’s Directorate General of Intellectual Property (DGIP) has achieved a remarkable milestone over the past decade. According to a report delivered by the Director General of Intellectual Property, Razilu, a total of 1,738,573 Intellectual Property (IP) applications were filed between 2015 and 2024. “This is a monumental figure that reflects the extraordinary enthusiasm of the Indonesian public in protecting their intellectual creations,” Razilu stated during the “Ten-Year Performance Exposé and IP Appreciation” event, held in celebration of World Intellectual Property Day 2025 at Graha Pengayoman, Jakarta, on Wednesday, June 4, 2025. The data show that IP filings have grown at an average annual rate of 18.5%. According to Razilu, this growth is more than just numbers — it reflects increasing awareness of the importance of IP as a national economic and cultural asset. Razilu emphasized that this performance exposé is not merely an evaluation, but also a strategic platform to shape future IP policies. The goal is to ensure that every innovation and creative work by Indonesians is not only protected by law but also fully empowered. Of the total filings, approximately 86.76% originated from within the country. Domestic applicants contributed nearly 99.8% of Copyright filings, 85.2% of Trademark filings, and 68.76% of Industrial Design filings. However, domestic contributions to Patent filings remain relatively low, standing at just 32.05%, highlighting an area for improvement. “These figures demonstrate the strong dominance of local IP filings across all categories. It’s a testament to the thriving innovation and creativity among individuals, entrepreneurs, and inventors across Indonesia,” Razilu added. Over the same period, micro, small, and medium enterprises (MSMEs) were significant contributors to Trademark filings. The most registered classes included: Culinary products (Classes 30 and 29) Fashion (Class 25) Hospitality services (Class 43) Cosmetics and personal care (Class 3) In the Industrial Design category, top applications were concentrated in: Other printed matter (Class 19-08) Chairs (Class 06-01) Garments (Class 02-02) Travel bags, handbags, key holders (Class 03-01) Bags, containers, tubes, capsules (Class 09-05)  Meanwhile, the most recorded Copyright works were books, written articles, computer programs, video recordings, and posters. For Geographical Indications, the top five products over the past decade were coffee, woven textiles, rice, batik, and traditional salt. In the domestic Patent category, top filings involved food chemistry, pharmaceuticals, chemical engineering, special machinery, and basic chemistry. On the other hand, foreign Patent applications were dominated by sectors such as pharmaceuticals, digital communications, transportation, basic chemistry, and metallurgy. At AFFA Intellectual Property Rights, we welcome this growing momentum in Indonesia’s IP landscape. Our team of experienced IP consultants stands ready to support businesses, creators, and innovators—not only in Indonesia but also around the world—in securing and maximizing the value of their Intellectual Property. Let us help you navigate your IP journey with confidence.   Need help filing your IP in Indonesia? Book a free 15-minute call with a registered IP consultant and ensure your IP meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889   Source: Directorate General of Intellectual Property

Indonesia Has a ‘First-to-File’ System. Here’s What That Really Means - AFFA IPR

Indonesia Has a ‘First-to-File’ System. Here’s What That Really Means…

Intellectual Property, Trademark

In Indonesia, Trademark rights belong to the party that files first, not necessarily to the party that used the mark first. This system is similar to many jurisdictions that adopt the first-to-file principle, although some countries, such as the United States, recognize first use.   This creates serious risks, especially for foreign brand owners who enter the market through local distributors or partners. In many cases, these local parties may file your Trademark under their own name, either as leverage or as a bad-faith attempt to block your market entry.   While Indonesia allows legal actions to challenge bad-faith filings, these processes can be costly, time-consuming, and uncertain. The best strategy remains simple and preventive: file your Trademark as early as possible — ideally before entering the market or appointing any local partners.   Want to stop your competitors or squatters from beating you to it? Book a free 15-minute call, and we will help you secure your Trademarks before anyone else does.   ? 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

Why You Should File Your Trademark in Bahasa Indonesia?

Trademark, Intellectual Property

When you file your Trademark in a foreign country like Indonesia, the risk is not always direct copying. Often, local squatters will translate, transliterate, or adapt your Trademark into “Bahasa Indonesia” (Indonesian language) to create a confusingly similar version that still attracts your market, but is still conceptually similar or identical.   Indonesia’s Trademark Law recognizes both identical and confusingly similar marks as potential infringements. However, if you only file your Trademark in its original foreign language, it may leave the door open for others to secure rights over its Bahasa Indonesia version.   For instance, you have filed a Trademark for “ROSE” in Class 3 covering cosmetics. However, another party still has a chance to secure registration for “MAWAR” (the Indonesian translation of Rose) in the same class if the examiner is not careful enough to check conceptual similarity with your Trademark.   By filing your Trademark in Bahasa Indonesia from the start, you lock in both versions of your brand identity, making it much harder for local copycats to exploit translation loopholes.   Book a free 15-minute call, and we will help you protect both the original and local versions of your Trademarks in Indonesia — before someone else does.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Trademark Oppositions: What Big Brands Are Doing Behind the Scenes - AFFA IPR

Trademark Oppositions: What Big Brands Are Doing Behind the Scenes

Intellectual Property, Trademark

In Indonesia, the Trademark opposition window is only 2 months, but don’t let that short timeline fool you. For global companies and established brand owners, it’s one of the most powerful tools to block copycats before they ever reach the market.   Here’s how it works:   Every new Trademark application is published for public review for exactly two months. During this time, any party with a legal interest, especially those with prior filings in Indonesia, can oppose.   Miss this window, and your options shrink fast!   After the 2-month period, opposition is no longer possible. Your only remaining option is a court-based cancellation, which is more costly and time-consuming.   So what do big brands do?    They monitor new filings on a weekly basis and respond promptly. The goal? Stop bad-faith actors at the earliest stage, when it’s faster, cheaper, and more likely to succeed.   The catch?   To win, you usually need an existing application or registration in Indonesia. The sooner you file, the stronger your legal standing to oppose.   Want to monitor all new Trademark filings that may threaten your brand? Let us handle it.   Book a free 15-minute call, and we’ll show you how smart oppositions keep global brands safe in Indonesia.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812

Trademark Squatting in Indonesia: Real or Hype? - AFFA IPR

Trademark Squatting in Indonesia: Real or Hype?

Intellectual Property, Trademark

Spoiler: It’s real — and surprisingly common.   Trademark squatting is not just a scary headline. It frequently occurs in Indonesia, particularly in fast-moving consumer sectors such as beauty, fashion, and F&B. Both local and foreign parties rush to register brands that do not actually belong to them, hoping to profit when the rightful owner enters the market.   But here is the good news:  Most squatters lose — if challenged strategically and in time.   However, this requires you to complete your “homework” before we can fight the squatter before the Court of Commerce in Indonesia, such as:   At least 5 Trademark registrations filed overseas before the squatter(s) filed the same Mark in Indonesia. The more registrations there is, the better. Evidence of use overseas by your company. If possible, any leads or evidence that suggest the squatter(s) had past interactions with your company (i.e., asking for license or distribution rights).   Indonesia’s Trademark Law allows oppositions at the Trademark Office stage and cancellations based on bad faith at the Court of Commerce stage. However, cautions and preparations are needed before you can pursue your rights in this case.   Avoid the squat trap, email or book a free 15-minute call with us — let’s make sure your Trademark stays yours!   📩 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.

Trademark Renewal in Indonesia - AFFA IPR

Trademark Renewal in Indonesia

Intellectual Property, Trademark

In Indonesia, the procedure for renewing a Trademark is governed by Law No. 20 of 2016 on Trademarks and Geographical Indications (“Trademark Law”). According to this regulation, a registered Trademark is valid for 10 years from the filing date and may be renewed within 6 months prior to its expiration date, and up to 6 months after the expiration date (under the grace period mechanism) with additional official fees.   Before the enactment of the current Trademark Law, failure to renew a Trademark on time meant automatic removal from the register, with no recovery route other than refiling a brand-new application. Fortunately, under the current regime, the system is more forgiving—albeit with additional cost implications. As in many areas of Intellectual Property, timeliness is essential, and renewal deadlines should be treated with the same gravity as initial filing deadlines.   What Happens If the Deadline Is Missed?   Missing the renewal deadline does not immediately result in loss of rights. Under the Trademark Law, owners are granted a 6-month grace period after the expiry date in which they may still renew their Trademark. However, this comes at a cost: the official fees are approximately doubled.   It is important to note that once the grace period lapses, renewal is no longer possible, and the Trademark will be removed from the register. The only available option at that point is to file a new Trademark application—a route that may come with increased risks, especially if similar marks have been filed in the interim.   When Can a Trademark Be Renewed?   A Trademark renewal may be filed as early as 6 months prior to the expiration date. To renew a registered Trademark in Indonesia, the following documents are required:   Statement of Use of Mark While a declaration of use is mandatory, no physical evidence of use is required to be submitted to the Directorate General of Intellectual Property (DGIP).  Power of Attorney Foreign Trademark owners must appoint a local agent or legal representative. A signed Power of Attorney is required for the renewal process.   Timeline Once the renewal application is submitted, the DGIP will issue a renewal receipt. Thanks to the digitization of the system, the renewal certificate or confirmation notice is generally issued within a day, making the process swift and efficient compared to earlier practices.   Should you need more information about the Trademark Renewal in Indonesia, feel free to contact us at [email protected].

Blindboxes, Resellers, and IP: When Does Selling Cross the Line? - AFFA IPR

Blindboxes, Resellers, and IP: When Does Selling Cross the Line?

Intellectual Property, Trademark

Action figure communities in Indonesia have recently been shaken by a wave of takedowns on popular products across e-commerce platforms. Not only unofficial sellers like casual collectors were affected, but even official resellers who had followed the “white list” registration procedures were hit. The trigger? An official notice from the Trademark Holder (a licensed distributor of the Trademark Owner) prohibits various uses of the brand name and logo and the sale of unboxed items.   This incident raises an important question among many collectors and business owners: Can Intellectual Property (IP) Holders arbitrarily ban secondhand sales? Is this legal?   The Exclusive Rights of Trademark Holders   Legally, a Trademark Holder has the exclusive right to control how their mark/name/logo is used, especially in marketing and product distribution. However, it’s important to note:   IP law does not automatically prohibit the resale of secondhand products, as long as the items are genuine and were lawfully acquired. Under a principle known as the “exhaustion doctrine”, the rights of a Trademark Holder are considered “exhausted” once the product is sold lawfully for the first time. This means the buyer may resell it. However, the Trademark Holder does retain the right to restrict the use of their brand in contexts such as store branding, product repackaging, or unauthorized logo usage that may mislead consumers or harm brand image.   In short, banning the resale of secondhand goods just because they are used can be legally disputed. But banning the unauthorized commercial use of logos, names, and other brand elements is legally valid.   Safe Tips for Selling Secondhand Items Without Violating IP Rights   To avoid infringing a brand’s rights when selling collectibles or secondhand products, here are some best practices:   Avoid using the brand name or logo in your store title. Use neutral descriptions like “blindbox collectible” or “random rare figure.” Clarify that the product is from a personal collection and is pre-owned. This can help show there’s no intention to violate distribution rights. Do not modify or rebrand the product. Repackaging or adding custom branding (like stickers) can be considered infringement. Avoid implying that you’re an official distributor. If you’re not part of the authorized distribution channel, avoid using terms like “official” or “authorized.” Do not sell opened blindbox items if the Trademark Holder prohibits it. If a product is meant to be a surprise item, unboxing and selling it by character name can be considered a violation of its commercial value.   But Why Can People Freely Sell Used iPhones?   This comparison has sparked debate. After all, people sell secondhand iPhones on online platforms all the time without issue. What’s the difference?   Apple and other phone manufacturers do not prohibit the sale of secondhand devices as long as they are genuine and unmodified. iPhones are not designed as “surprise” collectibles like blindboxes, so there’s no concern about damaged exclusivity due to unboxing. Sellers of secondhand iPhones also do not claim to be official distributors and don’t use Apple’s logo for store branding.   In essence, the issue is not the fact that the item is secondhand, but the context of branding and marketing.   Selling secondhand goods is legally allowed, as long as the products are genuine and the seller does not mislead consumers by misusing brand elements. For collectors and small sellers, understanding the limits of IP law is key to keeping your listings safe from takedowns or legal claims.   Should you need expert advice on Trademark usage in online sales, contact us at [email protected].