Indonesia Trademark Update: Unraveling the BITUBO Trademark Turmoil (ID)

In Intellectual Property Rights, disputes over trademarks can often become contentious battles, as seen in the case between Bitubo Company and a local businessman concerning the trademark “BITUBO” at the Central Jakarta District Court.

Bitubo Company, a well-established automotive or related industry entity, has appealed to the panel of judges to assert its rights to the trademark “BITUBO” in Indonesia.

The company claims exclusive ownership and the sole entitlement to register and use the mark within the country. Its argument is that “BITUBO” is not just any trademark but a well-known mark under Indonesian law, thus deserving of higher legal protection.

The dispute arises from the registration of the trademark “BITUBO” under registration No. IDM000533087 in class 12, reportedly by a local businessman who has become the Defendant. Class 12 typically covers goods related to vehicles or vehicle parts, suggesting a potential overlap in the industry and consumer market.

Bitubo Company contends that the registration of the trademark “BITUBO” in class 12 under Reg.No.IDM000533087 was filed with bad faith and malicious intent. They argue that this registration was filed in bad faith, implying that the Defendant was aware of Bitubo Company’s prior use and reputation associated with the “BITUBO” mark.

Another significant claim is the similarity between the marks owned by Bitubo Company and the Defendant. The company explained that these marks are substantially similar and are used for similar goods within the automotive sector, potentially leading to consumer confusion.

In response, Bitubo Company has petitioned the court for several remedies, including:

• Declaring Bitubo Company as the rightful and exclusive owner of the “BITUBO” trademark in Indonesia.
• Recognizing the “BITUBO” mark as a well-known trademark.
• Cancelling or declaring null and void the Defendant’s registration of “BITUBO” in class 12.
• Ordering the removal of the Defendant’s trademark registration from the official register and publication in the Official Gazette of Marks.
• Requiring the Defendant to bear the costs associated with the legal proceedings.

The case is still being heard at the Commercial Court of Central Jakarta. The legal battle between Bitubo Company and local entrepreneurs is proof of the importance of trademark protection in protecting intellectual property rights.

(source: http://sipp.pn-jakartapusat.go.id/ https://www.bitubo.com)