Well-Known Marks In Indonesia

Question 1
What constitutes a well-known mark in Indonesia?

Answer 1
A well-known mark must contain the following elements;
· Public knowledge of the well known mark in the particular business sector.
· Reputation of a well known mark through extensive promotion and investment in other countries.
· Evidence of trade mark registration in other countries.

Question 2
What are the factors to be taken into account when deciding whether a mark is well-known in Indonesia?

Answer 2
Factors to be taken into account when deciding whether a mark is well-known in Indonesia;
· The degree of knowledge or recognition of the mark in the relevant sector of the public.
· The duration, extent and geographical area of any use of the mark.
· The duration, extent and geographical area of any promotion of the mark including advertising or publicity and the presentation, at fairs or exhibition, of the goods and services to which the mark is applied.
· The duration and geographical area of any registrations, or any application for registration of the mark to the extent that they reflect use.
· The record of successful enforcement of rights in the mark particularly in extent to which the mark was recognized as well known by competent authorities.
· Likelihood of confusion or bad faith need to be considered when assessing competing interest to a mark.

Question 3
What is the effect of the recognition of well-known trade mark in Indonesia?

Answer 3
The effect of the recognition of well-known trade mark in Indonesia;
· The registration of a mark that is similar or identical with similar goods to those of the well known mark may be refused registration.
· Protection of well-known marks has been given more emphasis in the sense that provisions for prevention and repression of registration or use of well-known marks by unauthorized person has been strengthened. The owner of a well-known mark under the above mechanism may only file a lawsuit for cancellation after having filed an application for registration of his own mark. This policy is taken due to the prevailing registration system adopted for mark protection in Indonesia.