Trademark Registration Procedure in Bali - AFFA IPR

Trademark Registration Procedure in Bali

Intellectual Property, Trademark1 Comment

Registering a Trademark in Bali, Indonesia, is an essential step for any foreign business looking to enter or expand within the island’s vibrant market. As one of Southeast Asia’s most renowned tourism destinations and a hub for creative industries, Bali offers significant commercial opportunities, particularly in sectors like hospitality, food and beverage, fashion, and handicrafts. However, brand protection can be challenging due to intense competition and frequent cases of infringement in the region. Trademark protection in Bali is governed under Indonesia’s national regulations, primarily Law No. 20 of 2016 on Marks and Geographical Indications, as amended by Law No. 11 of 2020 on Job Creation and Law No. 6 of 2023. Supporting regulations include Government Regulation No. 28 of 2019 (official fees), Government Regulation No. 22 of 2018 (Madrid Protocol implementation), Government Regulation No. 90 of 2019 (Trademark Appeal Commission), and Ministry Regulation No. 67 of 2016 (as amended by Regulation No. 12 of 2021) on Trademark Registration Procedures.   Types of Marks That Can Be Registered in Bali   You can register: Word mark Figurative mark Combination mark Three-dimensional mark Sound mark Hologram   Bali adheres to the first-to-file principle, so early registration is strongly encouraged. Prior use is not considered a strong, bona fide basis of protection in Bali.   Types of Marks That Cannot Be Registered   The following cannot be registered: If the Mark is contrary to public order or morality If the Mark misleads consumers about the nature, quality, or origin of goods/services Generic or descriptive terms without distinctiveness Identical or similar marks already registered for similar goods/services National flags, emblems, or state symbols For 3D Mark, it cannot be of functional feature.   Requirements to Register a Trademark   Foreign businesses must appoint a local registered IP/Trademark Consultant to file on their behalf.   Documents needed: Power of attorney – simply signed Statement of Mark Ownership – simply signed Specimen of Mark to be filed Details of goods/services and relevant class(es) Applicant’s data (name and address)   If claiming priority from a foreign application, the priority document must also be submitted.   Trademark Registration Procedure in Bali   Please note that it may take approximately 10-14 months from filing to the issuance of Trademark certificate. The stages are as follows: Filing Formality Examination (15 days) Publication (2 months) Examination Issuance of registration number Issuance of TM Certificate (Digital Certificate only)   Post-Registration: What to Do and Remember   Once your Trademark is registered: Use your mark within 5 years to avoid any non-use cancellation action filed by any 3rd party. Monitor and enforce your rights through warning letters or legal action. Renewal is due every 10 years and can be filed within 6 months before the expiration date (or during a 6-month grace period with a penalty). Record any change of ownership or license agreements with the DGIP.   Should you need further information regarding Trademark registration and protection strategies in Bali, feel free to contact us at [email protected].

From Fake to Facts: Taking Action Against Trademark Infringement in Indonesia - AFFA IPR

From Fake to Facts: Taking Action Against Trademark Infringement in Indonesia

Intellectual Property, Trademark

Have you ever found products imitating your Trademark being sold on the market without your permission? Or even worse—your Trademark suddenly being registered by someone else? Unfortunately, such incidents still frequently occur in Indonesia. Our country has once again been placed on the “Watch List” in the 2025 Special 301 Report released by the United States Trade Representative (USTR)—indicating that Intellectual Property (IP) enforcement, including Trademarks, remains a concern for the international community.   However, that doesn’t mean there’s nothing you can do. Here are concrete solutions you can take if your Trademark is being misused in Indonesia: Ensure Your Trademark Is RegisteredThe first and most crucial step is to ensure your Trademark is officially registered with the Directorate General of Intellectual Property (DGIP). Without registration, legal protection for your Trademark is extremely limited. If it hasn’t been registered yet, immediately file a Trademark application. If it has, ensure you have the registration documents and certificate(s) in hand. Gather Evidence of Infringement If you discover your Trademark is being used without authorization, collect as much evidence as possible: Photos of counterfeit or fake products; Links to online shops or marketplaces selling illegal products; Proof of purchase (if available); Screenshots of ads or promotions using your Trademark. The more comprehensive your evidence, the stronger your legal position will be. Use Reporting Mechanisms on Marketplaces and Social Media Many e-commerce platforms and social media in Indonesia now provide dedicated channels to report IP violations. If you find counterfeit products or infringing content, you can take the following actions: Fill out the IP infringement report form (Trademark); Attach your Trademark certificate and evidence of infringement; Request removal of the content or account. These steps usually can be processed more quickly and do not require going to court. Contact a Registered IP Consultant for Taking Further Legal Action(s) Dealing with Trademark infringement can be a complex and time-consuming process. That’s why working with a licensed IP Consultant is highly recommended. They can assist you with: Developing the right legal protection strategy; Supporting the filing of damages claims, infringement lawsuits, or negotiations; Coordinating with relevant authorities, such as the DGIP or the Police, when necessary. Should you need more information about Trademark protection in Indonesia, feel free to contact us at [email protected].

Discover 6 Intellectual Property Potentials in Padel - AFFA IPR

Discover 6 Intellectual Property Potentials in Padel

Patent, Copyright, Industrial Design, Intellectual Property, Trademark

Padel is experiencing rapid growth in Indonesia. Over the past few years, it has captured the attention of various groups — from sports communities and entrepreneurs to celebrities. Its popularity is reflected in its inclusion in PON XXI 2024 (National Sports Week) held in Aceh – North Sumatra, as well as in several tournaments held in Indonesia, including the Asia Pacific Padel Cup 2024 and Padel Pro Open 2025.   Padel was first created in 1969 in Acapulco, Mexico, by Enrique Corcuera. He modified a squash court at his home by adding walls and elements from tennis, creating a new game called “Paddle Corcuera.” This new game quickly attracted the attention of his friends, including Alfonso de Hohenlohe, who later introduced padel to Marbella, Spain in 1974 and built two courts there. From Spain, padel spread to Argentina (1975) and continued to grow in popularity across Europe and Latin America. In 1991, the Federation International de Padel (FIP) was established in Madrid, Spain, to regulate and promote the sport globally.   As the padel ecosystem continues to grow in Indonesia, various elements — such as tournament names, logos, racket designs, court technology, training strategies, and merchandise — are becoming strong identity markers with commercial value. All of these should and can be protected through various forms of Intellectual Property (IP) rights, so that all parties involved can benefit while supporting a more sustainable padel ecosystem.   Here are several relevant and potential IP categories in the world of padel:   Trademark Names of padel clubs, logos, slogans, tournaments, courts, training academies, apparel, padel balls, rackets, or other equipment should be protected to avoid the use of identical or confusingly similar names. These should be registered as Trademarks, which offer protection for 10 years and can be renewed indefinitely. Industrial Design The visual designs of rackets, special padel shoes, and uniquely styled tournament uniforms can be protected as Industrial Designs, with a protection period of up to 10 years. Patent This category includes technological innovations in racket materials or structure, automated digital scoring systems, training sensors, and unique portable padel court construction features. Such innovations can evolve continuously and offer local manufacturers or innovators a competitive edge. Copyright Promotional content such as tournament highlight videos, music, event posters, digital graphics, and training modules or documented game strategies is automatically protected under Copyright. However, formal recordation is recommended to strengthen legal proof of ownership. Trade Secret This category includes exclusive training techniques used by padel coaches, business strategies or community management models, and even recipes or formulas for sports nutrition products used by a club. Trade Secrets do not require registration but must be kept confidential to remain protected. Licensing & Franchising Business models such as court rentals, expansion of padel club branches, licensing tournament names for use in other cities, or even launching padel-themed café franchises can be governed through licensing or franchise agreements, and can be officially recorded to secure legal protection and expand commercial benefits.   Ultimately, padel is a fun sport and a gateway to economic opportunities through Intellectual Property assets. Business actors and padel communities must understand that the innovation, creativity, and identity they build today can become sustainable business value — if properly managed and protected. Should you need further information about registering and protecting Intellectual Property in the padel sport, feel free to contact us at [email protected].

Trademark Registration Procedure in Indonesia - AFFA IPR

Trademark Registration Procedure in Indonesia

Trademark, Intellectual Property

Registering a Trademark in Indonesia is a critical step for any foreign business aiming to enter or expand in the Indonesian market. As Southeast Asia’s largest economy with over 270 million people, Indonesia offers significant commercial opportunities, but also presents challenges in brand protection due to its growing yet competitive market landscape.   Trademark protection in Indonesia is primarily regulated under Law No. 20 of 2016 on Marks and Geographical Indications, which has been amended by Law No. 11 of 2020 on Job Creation and Law No. 6 of 2023. With some supporting regulations include Government Regulation No. 28 of 2019 (official fees), Government Regulation No. 22 of 2018 (Madrid Protocol implementation), Government Regulation No. 90 of 2019 (Trademark Appeal Commission), and Ministry Regulation No. 67 of 2016 (as amended by Regulation No. 12 of 2021) on Trademark Registration Procedures.   Types of Marks That Can Be Registered in Indonesia   You can register: Word mark Figurative mark Combination mark Three-dimensional mark Sound mark Hologram   Indonesia adheres to the first-to-file principle, so early registration is strongly encouraged. Prior use is not considered a strong, bona fide basis of protection in Indonesia.   Types of Marks That Cannot Be Registered   The following cannot be registered: If the Mark is contrary to public order or morality If the Mark misleads consumers about the nature, quality, or origin of goods/services Generic or descriptive terms without distinctiveness Identical or similar marks already registered for similar goods/services National flags, emblems, or state symbols For 3D Mark, it cannot be a functional feature.   Requirements to Register a Trademark   Foreign businesses must appoint a local registered IP/Trademark Consultant to file on their behalf.   Documents needed: Power of attorney – simply signed Statement of Mark Ownership – simply signed Specimen of Mark to be filed Details of goods/services and relevant class(es) Applicant’s data (name and address)   If claiming priority from a foreign application, the priority document must also be submitted.   Trademark Registration Procedure in Indonesia   Please note that it may take approximately 10-14 months from filing to the issuance of Trademark certificate. The stages are as follows: Filing Formality Examination (15 days) Publication (2 months) Examination Issuance of registration number Issuance of TM Certificate (Digital Certificate only)   Post-Registration: What to Do and Remember   Once your Trademark is registered: Use your mark within 5 years to avoid any non-use cancellation action filed by any 3rd party. Monitor and enforce your rights through warning letters or legal action. Renewal is due every 10 years and can be filed within 6 months before the expiration date (or during a 6-month grace period with a penalty). Record any change of ownership or license agreements with the DGIP.   Should you need further information regarding Trademark registration and protection strategies in Indonesia, feel free to contact us at [email protected].

4 Common IP Mistakes That Cost Companies Millions — And How to Avoid Them - AFFA IPR

4 Common IP Mistakes That Cost Companies Millions — And How to Avoid Them

Intellectual Property

Protecting intellectual property (IP) is crucial for businesses to maintain their competitive edge and avoid significant financial losses. Missteps in IP management can lead to costly legal battles, loss of market exclusivity, and reputational damage. At AFFA Intellectual Property Rights, we have observed how certain oversights can jeopardize a company’s assets. This article highlights common IP mistakes that have cost companies millions and offers guidance on how to avoid them.   Delaying Trademark Registration, Losing Momentum Real Case: A major phone company lost its momentum to secure its Mark easily in Indonesia because its former distributor managed to file it first in Indonesia. The company had to challenge the ownership of the Mark before the Court of Commerce. How to Avoid It: File early — before launching products or entering new markets. Have an agreement with potential distributors on IP ownership Neglecting International Trademark Protection: Locked Out of Your Brand Real Case: A fast-growing electric vehicle company faced a legal dispute in East Asia when a local businessman had already registered the company’s brand name. The company had to settle the matter through costly negotiations to enter the market under its own name. How to Avoid It: Create a global Trademark filing strategy — especially for key growth markets. Use the Madrid Protocol or local filings, depending on your market. Rely on local IP experts who understand the nuances of national systems. Failing to Record a Trademark License: Legal and Commercial Setbacks Real Case: Some overseas companies faced delays in distributing certified products because the Trademark they were using, although legally licensed, was not officially recorded with the authorities. Without this, certification bodies could not process mandatory approvals and licenses to be able to operate in Indonesia. How to Avoid It: Record all Trademark licenses at the national IP office. Work with consultants who understand licensing formalities and draft enforceable agreements. Do not assume a signed appointment contract is enough — a specific license agreement will be required. Not Using a Patent Locally: Risk of Revocation Real Case: In several jurisdictions, companies have had their Patents challenged or revoked because the inventions were not “worked” or implemented within the country. This has opened the door to compulsory licensing by third parties. How to Avoid It: Prepare a local implementation or commercialization strategy. Consider partnerships with local entities to meet legal requirements. Monitor “working” obligations in each country where you hold Patents.   Conclusion: Proactive IP Management is Essential Many companies only realize the importance of IP when it is too late, especially when it comes to Indonesia as a growing market. Indonesia is a challenging country when it comes to IP, but with proper planning, it does not have to be so challenging!   AFFA Intellectual Property Rights has helped businesses across the globe secure and protect their Trademarks, Patents, Industrial Designs, and licenses — both in Indonesia and internationally. From strategic filings to enforcement and compliance, we offer practical solutions that prevent losses before they happen. Should you need assistance securing or defending your IP in Indonesia or globally, contact AFFA Intellectual Property Rights today at [email protected].

Why Filing First is Not Enough — The Rise of Bad Faith Trademark Applications in Indonesia

Intellectual Property, Trademark

Indonesia’s Trademark landscape has become increasingly challenging for legitimate brand owners in recent years. Filing your Trademark first is no longer a guaranteed safeguard against opportunists. A concerning trend has emerged: the surge of bad faith Trademark applications, commonly called Trademark squatting.   At AFFA Intellectual Property Rights, we have witnessed — and successfully countered — this rise firsthand.   The Growing Threat of Bad Faith Filings According to data from the Directorate General of Intellectual Property (DGIP) in Indonesia, Trademark applications have steadily increased annually. However, not all of these filings are genuine. Opportunistic parties, both local and international, are taking advantage of Indonesia’s first-to-file system by registering Trademarks identical to or confusingly similar to well-known brands without any legitimate intent to use them.   These bad actors aim to profit by either selling the Trademark rights back to the rightful brand owners or using them to confuse consumers.   Real Examples: How AFFA Wins Against Squatters At AFFA, we have led multiple successful cases challenging bad faith registrations. Two notable victories highlight how vigilant defense and a strong legal approach can protect your brand:   Guangzhou Sanwich Biology Technology Co., Ltd. In 2024, our client, the owner of the well-known hair care brand SEVICH, faced a situation in which a third party registered their Trademark in Indonesia without authorization. We filed a Trademark invalidation action, presenting strong evidence of prior use and global brand recognition. The Commercial Court at the Central Jakarta District Court ruled in favor of our client, affirming that the third-party registration was made in bad faith.  Inner Mongolia Kunming Cigarette Limited Liability Company Similarly, this client, known globally for its DONGCHONGXIACAO brand of cigarettes, encountered unauthorized parties attempting to capitalize on its brand by filing Trademark applications in Indonesia. We secured a favorable decision invalidating the bad faith Trademark registration by leveraging thorough documentation, the client’s international reputation, and a well-structured legal argument.   Why Filing First Alone is Not Enough Indonesia operates on a first-to-file system, but: Squatters may file before you, especially if you have not entered the market yet. Even after filing, vigilance is required to monitor for similar or identical marks. The law provides avenues to invalidate bad faith registrations, but only if the rightful owner is proactive.   Our Approach to Defending Brands At AFFA, we go beyond simple filings: Trademark Monitoring: We routinely monitor new filings to detect possible bad-faith applications. Evidence Gathering: In invalidation actions, we compile comprehensive evidence — proving prior use, reputation, and lack of good faith from the applicant. Swift Legal Action: We quickly file oppositions or invalidations to block squatters before they gain leverage. Strategic Negotiation: When necessary, we negotiate favorable outcomes without lengthy litigation.   Conclusion: Protect Your Brand, Act Proactively The rise of bad faith Trademark filings in Indonesia is real, and serious players must be ready to defend their brand. Filing your Trademark early is necessary, but not sufficient. Active monitoring, quick response, and expert legal support are key.   AFFA is committed to helping businesses navigate these challenges and win the fight against Trademark squatters. Should you need assistance securing or defending your Trademark in Indonesia? Contact our team at AFFA Intellectual Property Rights today at [email protected].

Calendar Days vs Working Days: Understanding Trademark Refusal Deadlines in Indonesia - AFFA IPR

Calendar Days vs Working Days: Understanding Trademark Refusal Deadlines in Indonesia

Intellectual Property, Trademark

Under Article 1 Point 22 of the Indonesian Trademark Law, the term “days” mentioned in this law refers to working days, not calendar days. However, this information can sometimes become unclear when conveyed as brief notices to IP owners or their representatives abroad. This misunderstanding often leads to incorrect expectations about the speed of application processing or even delays in document preparation, resulting in unnecessary losses.   How to Differentiate Calendar Days from Working Days?   For example, Article 24 of the Trademark Law states, “Within a maximum period of 30 (thirty) days from the date of sending the notification letter regarding an application that cannot be registered or has been rejected, the applicant or their representative may submit a written response stating their reasons,” the 30-day period here does not mean one month. Instead, it could extend to 1.5 months.   Here’s the calculation: 30 days = 30 working days Working days = Monday – Tuesday – Wednesday – Thursday – Friday (5 days per week) Thus, 30 working days = 6 weeks (30 ÷ 5) If converted into total days, it becomes 6 × 7 = 42 days Or approximately 8 weeks = 1.5 months (42 ÷ 5).   However, the exact duration will depend on whether the period includes February or months with only 30 days. It is also necessary to consider whether the period consists of public or national holidays.   What About Trademark Application Refusals Filed Through the Madrid Protocol? Example of a Trademark Refusal Notification Sent by WIPO for an Application Filed Through the Madrid Protocol   If your Trademark is filed through the Madrid Protocol, designating Indonesia as one of the target countries, and it gets refused, the World Intellectual Property Organization (WIPO) will send a complete notification, specifying: The date on which the time limit to reply begins The time limit to reply The final deadline to respond   However, the information provided by WIPO is not entirely accurate because it calculates 30 calendar days instead of 30 working days as stipulated by the Indonesian Trademark Law. This means that the deadline stated in the sample letter—February 12, 2025—is incorrect. The actual deadline should be February 21, 2025. There is a discrepancy of nine calendar days between the date stated in WIPO’s notification and the actual deadline.   Calculating deadlines based on working days may seem beneficial as it provides a longer timeframe. However, if you are looking for a faster resolution, you must be prepared for a longer waiting period, especially if there are additional public holidays not reflected in international calendars.   EXCEPT when the regulation specifies a time limit in months. For example, the period for applicants or their representatives to file an objection against an Official Trademark Gazette Announcement. According to Article 17 of the Trademark Law, it states:   “An objection shall be submitted in writing within a maximum period of 2 (two) months from the date of sending the copy of the objection received.”   In this case, you should interpret it as two full months in calendar days. Thus, your deadline is strictly 2 × 30 days, not 2 × 45 days.   To avoid such confusion, you should contact a trusted Trademark Consultant in Indonesia. With its integrated system, you will always be informed about the latest status of your Trademark. By understanding these deadlines, you can better plan and prepare the necessary budget and documents.   You might also want to read: Indonesia in BRICS: A Golden Opportunity for Further Trademark Protection Should you need more information regarding the trademark registration and protection process in Indonesia or globally, feel free to contact us via email: [email protected].

AFFA Represents APRIL International Enterprise Pte. Ltd. to Win a Trademark Non-Use Cancellation Action in Indonesia - AFFA IPR

AFFA Represents APRIL International Enterprise Pte. Ltd. to Win a Trademark Non-Use Cancellation Action in Indonesia

Trademark, Intellectual Property

In today’s increasingly competitive business environment, Trademark protection is a key factor in maintaining a company’s identity and competitive advantage. However, Trademark registration often faces obstacles due to the existence of previously registered Trademarks that, in reality, are not being used. This was the case with PRINT ONE, where AFFA successfully represented APRIL International Enterprise Pte. Ltd., the owner of the well-known brand PAPER ONE, in winning a Trademark non-use cancellation action against PRINT ONE, which had long been unused in Indonesia, based on prior investigation results.   The case began when APRIL International Enterprise Pte. Ltd. filed a Trademark application for “PRINT ONE” under Application Number DID2021062992 with the Directorate General of Intellectual Property (DGIP) in 2021. However, the application was rejected by DGIP because it was considered similar to the “PRINT ONE,” which had been registered under PT Daksa Sinergi since May 12, 2020.   An independent investigation revealed that the PRINT ONE Trademark had never been used in commerce for over three years since its registration. Based on these findings, AFFA filed a trademark non-use cancellation action with the Central Jakarta Commercial Court in April 2024.   Legal Basis for Trademark Non-Use Cancellation Action   This action was filed under Article 74, Paragraph (1) of Law No. 20 of 2016 on Trademarks and Geographical Indications, which states that a Trademark that has not been used for three consecutive years from the date of registration may be canceled upon request by an interested party.   During the trial, PT Daksa Sinergi failed to appear, despite being legally summoned. This further strengthened the evidence that the Trademark was not actively used in the market.   Court Decision   After a series of hearings, in October 2024, the Central Jakarta Commercial Court finally granted the lawsuit filed by AFFA. In its ruling, the court declared that:   The plaintiff has a legal interest in filing the Trademark non-use cancellation action. The PRINT ONE Trademark owned by PT Daksa Sinergi is officially removed from the General Register of Trademarks. DGIP is ordered to revoke the Trademark and announce its removal in the Official Trademark Gazette. PT Daksa Sinergi is required to pay court fees amounting to IDR 8,820,000.   This decision marks a significant victory for APRIL International Enterprise Pte. Ltd., which can now reapply for its Trademark registration in Indonesia without any obstacles.   Lessons from the PRINT ONE Trademark Cancellation Case in Indonesia   This case is a clear example that a non-use Trademark can be canceled, even if it is still officially registered. Therefore, Trademark owners should take note of these three key factors:   Ensure that your registered Trademark is actively used in Indonesia. If not, other parties may file for cancellation. If an unused Trademark blocks your Trademark, legal solutions are available. Trademark cancellation is one of the strategies to pave the way for a new Trademark registration. Entrust your Trademark registration to an experienced Intellectual Property Consultant to ensure your brand is properly protected in Indonesia.   Current Trademark Cancellation Practice in Indonesia   However, it is important to note that following the Constitutional Court Decision No. 144/PUU-XXI/2023, a Trademark can now only be canceled if it has not been used for five consecutive years from the date of registration.   Additionally, a Trademark cannot be canceled if: There is a ban on importing goods or services that use the Trademark. There are licensing restrictions related to the goods or services associated with the Trademark. The Trademark cannot be used due to a force majeure situation.   You might also want to read: AFFA Represents Trek Bicycle to Win a Trademark Non-Use Cancellation Action in Indonesia This success story is a testament that with thorough preparation and investigation, a non-use cancellation action is possible in Indonesia. Should you need more information about Trademark registration and protection in Indonesia or abroad, please email us at [email protected].

The Walmart Wirkin VS Hermes Birkin Controversy: A Case Study in Intellectual Property Awareness - AFFA IPR

The Walmart Wirkin VS Hermès Birkin Controversy: A Case Study in Intellectual Property Awareness

Intellectual Property, TrademarkLeave a comment

The viral phenomenon surrounding Walmart’s “Wirkin” bag, which bears a striking resemblance to the iconic Hermès Birkin, has captivated social media and sparked discussions on fashion ethics, consumer behavior, and, of course, Intellectual Property. This controversy highlights the complexities of balancing accessible fashion with protecting luxury brand exclusivity. Here’s everything you need to know.   In December 2024, a USD 78 handbag sold on Walmart’s marketplace became an overnight sensation on platforms like TikTok. Dubbed the “Wirkin” by users, the bag mimics the design of the legendary Hermès Birkin, which starts at around USD 10,000. The Wirkin’s affordability and resemblance to a luxury product spurred millions of views in unboxing videos and drew widespread attention.   Ethical and Legal Implications   Supporters argue that the Wirkin democratizes luxury, making high-end aesthetics attainable for everyday consumers. Critics counter that such “dupes” undermine the craftsmanship, exclusivity, and Intellectual Property of brands like Hermès.   From a legal perspective, Hermès could potentially claim a Trademark, specifically Trade Dress infringement, as Wirkin’s design closely imitates the recognizable elements of the Birkin. Trade Dress protects the visual appearance of a product that signifies its source to consumers. However, Walmart might defend the Wirkin by emphasizing its lack of Hermès branding and the significant price gap, arguing that consumer confusion is unlikely.   Walmart’s Response   Amid mounting scrutiny, in mid-January 2025, Walmart removed the Wirkin from its marketplace and issued a generic statement: “In some instances, products may no longer be available. We invite customers to continue exploring our expansive selection and uncover new alternatives.” This move was likely intended to minimize legal risks and preserve brand relationships.   Key Differences Between the Wirkin and Birkin   The table below highlights the critical differences between the two bags, helping consumers distinguish between them:   Feature “Wirkin” Birkin Price ~USD 78 Starts at ~USD 10,000 Logo No branding “Hermès Paris” logo under the flap Material Synthetic or imitation leather High-quality genuine leather or exotic skins Size Options Standard, typically smaller Multiple sizes (25cm, 30cm, 35cm, 40cm) Craftsmanship Mass-produced stitching Handcrafted using saddle stitching Packaging No luxury packaging Comes with Hermès orange box and dust bag Sales Platform Walmart’s e-commerce platform Exclusive to Hermès boutiques Distribution Mass-market availability Strictly controlled, often with a waitlist   From the Wirkin-Birkin case, we gain yet another insight that pricing remains a recurring source of Intellectual Property infringement. Affordable versions of well-known, especially luxury, products continue to attract significant market interest, often without regard for authenticity. However, if you are a Trademark owner, there is no need to worry, as having a registered Trademark establishes you as the rightful owner and grants you the legal authority to take action against counterfeit products. If necessary, you can further strengthen your position by registering your product design as an Industrial Design, ensuring that the aesthetic aspects of your product are also protected.   Moreover, if you are a retailer, it is crucial to understand the intricacies of Trademark law to safeguard your business reputation and avoid misleading virality, which could ultimately jeopardize your business’s sustainability. Should you need more information about Trademark protection in Indonesia or globally, feel free to contact us via email at [email protected].