Professional Documents
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A-3 /031411131144
Article 6
(1) An Application for registration of a Mark shall be refused by the Directorate General if
the relevant Mark:
a. has a similarity in its essential part or in its entirety with a Mark owned by another party
which has previously been registered for the same kind of goods and/or services.
b. has a similarity in its essential part or in its entirety with a well-known Mark owned by
another party for the same kind of goods and/or services.
c. has a similarity in its essential part or in its entirety with a known geographical
indication.
Mark case in Indonesia frequently occur in the industrial field. These cases are even a
controversy and there were still circulating in the market today. Some of them will be
presented in following columns below:
Registered Mark
Similar Mark
Analysis
Tupperware Brands has been
registered in Indonesia under no.
registration 263 213, 300 665,
300 644, 300 666, 300 658, 339
994, 339 399 for other types of
goods as mentioned above, while
the brand new Tulipware apply
for registration of the mark at the
Directorate
General
of
Intellectual property. Household
products manufactured by DART
INDUSTRIES INC has been
marketed in more than 70
countries,
using
trademark
TUPPERWARE. TUPPERWARE
also been marketed widely in
Indonesia through the National
Distributor and receiver licenses,
namely PT. IMAWI BENJAYA.
The violence is:
a. There is a similarity in
principle between the brand
Tulipware with TUPPERWARE
to similar products
b. Brand placement at the bottom
of the container and the same
form of writing that is more
dominant, thus accentuating the
similarities than differences. The
existence of similar products that
use brand TUPPERWARE and
Tulipware confuse consumers as
to the origin of goods.
c. Tulipware brand used on
different goods with brand
etiquette filed his petition on the
Directorate
General
of
Intellectual Property.
Agar-agar
dunia
Cap
Based on the similarity of cases of the brand on the product can be concluded that the
protection of the brand is still very weak. Law No. 15 of 2001 recognize the brand protection
system that is constitutive system, means the protection of rights to the brand awarded based
solely on their enrollment. This system is also known as the first to file system, which means
that the protection given to anyone who signed up first. Petitioner thereafter applying the
same or similar brand will not be protected by law.
Law No. 15 of 2001 has been set such that the provisions of the brand, but in practice
often arise some problems in brand inspection. The most common problem is related to the
brand equation. Article 6, paragraph (1) letter a mention that the trademark application should
be rejected by the Directorate General of Intellectual Property Rights (DG IPR) where the
brand has a similarity in principle or in its entirety with a brand other parties that have been
registered first for the goods and or services.