Case No. 81/MEREK/2012/PN.NIAGA.JKT.PST

The Panel of Judges has issued the Judgment of trademark case No. 81/MEREK/2012/PN.NIAGA.JKT.PST. It stated that Gunze Limited Japan is a well-known trademark upon cancellation lawsuit filed by Gunze Limited Japan. The background of this cancellation lawsuit is because there are similarities between Gunze of Gunze Limited Japan and The Gunze Sport products.

Gunze Limited Japan also claimed that Gunze Sport was registered in bad faith due to the utilization of Gunze name, which is taken from two Japanese syllables of “gun” and “ze”. In the response to the lawsuit, the Defendant stated that The Gunze Sport has been filed in accordance with new trademark application procedure and has passed the substantive examination by Trademark Office. The Defendant also stated that the Gunze Sport products came from different market class and also deny that Gunze Japan is well known trademark by questioning the criteria of well-known trademark in Indonesia.

As the proceeding goes, the Panel of Judges then examined the evidences from both parties and found that the similarities between both products (Gunze Japan and The Gunze Sport) are proven and obvious. The Panel of Judges also stated that Indonesia protects well-known trademark, even if the trademark is not registered in Indonesia and/or registred in different class of goods. In the Judgment, the Panel of Judges then justified the reasons in the lawsuit and then grants the claims which among others are cancelling The Gunze Sport trademark with all its legal consequences and accepting the Gunze trademark application of the Gunze Limited Japan.

This Judgment upheld by the Supreme Court Judgment. Based on Supreme Court Certified Copy Reg. No. 227/Pdt.Sus-HKI/2013 for Gunze trademark case, the Panel of Judges mainly considered that Judex Facti (Commercial Court) was not wrong in implementation of law, especially strengthen by the fact that Plaintiff’s mark (Gunze) is well-known mark and Defendant’s mark filed with bad faith.