{"id":5517,"date":"2025-03-24T12:39:09","date_gmt":"2025-03-24T12:39:09","guid":{"rendered":"https:\/\/affa.co.id\/global\/?p=5517"},"modified":"2025-03-30T14:20:31","modified_gmt":"2025-03-30T14:20:31","slug":"why-filing-first-is-not-enough-the-rise-of-bad-faith-trademark-applications-in-indonesia","status":"publish","type":"post","link":"https:\/\/affa.co.id\/global\/2025\/03\/24\/why-filing-first-is-not-enough-the-rise-of-bad-faith-trademark-applications-in-indonesia\/","title":{"rendered":"Why Filing First is Not Enough \u2014 The Rise of Bad Faith Trademark Applications in Indonesia"},"content":{"rendered":"

Indonesia\u2019s 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.<\/span><\/p>\n

 <\/p>\n

At AFFA Intellectual Property Rights, we have witnessed \u2014 and successfully countered \u2014 this rise firsthand.<\/span><\/p>\n

 <\/p>\n

The Growing Threat of Bad Faith Filings<\/b><\/p>\n

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\u2019s first-to-file system by registering Trademarks identical to or confusingly similar to well-known brands without any legitimate intent to use them.<\/span><\/p>\n

 <\/p>\n

These bad actors aim to profit by either selling the Trademark rights back to the rightful brand owners or using them to confuse consumers.<\/span><\/p>\n

 <\/p>\n

Real Examples: How AFFA Wins Against Squatters<\/b><\/p>\n

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:<\/span><\/p>\n

 <\/p>\n

    \n
  1. Guangzhou Sanwich Biology Technology Co., Ltd.<\/b>
    \n<\/span><\/a>In 2024, our client, the owner of the well-known hair care brand <\/span>SEVICH<\/b>, 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.<\/span> <\/li>\n
  2. Inner Mongolia Kunming Cigarette Limited Liability Company<\/b>
    \n<\/span><\/a>Similarly, this client, known globally for its <\/span>DONGCHONGXIACAO<\/b> 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.<\/span><\/li>\n<\/ol>\n

     <\/p>\n

    Why Filing First Alone is Not Enough<\/b><\/p>\n

    Indonesia operates on a first-to-file system, but:<\/span><\/p>\n