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What If Others Registered your Trademark? Here is How to Deal With

On February 2019, KEEN Inc., an outwear company from the United States, sued an Indonesian businessman. The Indonesian businessman was considered to deliberately ride on the success of the KEEN Inc. The products of KEEN  Indonesia also offers the same product with KEEN Inc.

Both parties brought the dispute to the commercial court and represented by their lawyers. . As the result, KEEN Indonesia managed to win the lawsuit, hence, they have right to use the KEEN trademark.

Before the trademark is registered
The possibilities of the trademark to be registered is the same as the other existing brands are quite large. Moreover if your trademark is not typical or use common term. Registering a trademark which has been registered by another party, the trademark will not be granted.

The trademark application will also be rejected if there are similarities, either in general or overall with a famous brand owned by the other party, whether for similar or not similar goods. Well, in order to find out if the brand is already registered or not, you have to search in Database owned by Directorate General of Intellectual Property (Dirjen HKI).

This is a precautionary step towards the occurrence of brand disputes such as those that occured in KEEN brands. If the trademark has been registered, you can still withdraw the application as long as your certificate has not been issued.

Registered trademark is more safety
Some people think that the trademark only needs to be registered when it become a big business. In fact, when we want to start a business, trademark is an important element. Having a solid and reputable trademark adds value to the products or services. The company can use their trademark for long-term prospect in the future.. Thus, when there are other products that use the same trademark, you have the right to object the brand. 

If your trademark is registered by others
A legitimate brand belonging to you has the power of law. It means you can claim to the court if someone else using your trademark. When someone else uses your brand, as the owner of the original trademark (first use and first register), there are a few things that can be conducted.

First, make an objection to the application submitted. Before the trademark certificate was issued, Dirjen HKI will give announcement for 3 months in the official trademark news. This information is published periodically. Thus, within that timeframe, you have to apply a reason with sufficient evidence. 

Second, filed a lawsuit to commercial court to cancel or remove the trademark. Lawsuit remove can be conducted if the trademark is not used for 3 years continuously. Meanwhile, trademark  lawsuit may be conducted if the defendant is not in good faith and has similarities in general or overall with another trademark.

Generally, the flow of the trademark dispute resolution process is like a common civil suit. The flow starts from registering a lawsuit by the registered trademark owner and / or the recipient of the registered trademark license. The target or defendant is the party who unlawfully uses a trademark that has similarities in principle for similar goods and / or services. The Trademark lawsuit can be accepted if the brand has been published and registered in 5 years.

Terms and condition about trademark claim that have been registered by other must be understood by business owners. So that you can avoid the  trademark disputes that spend time and budget. Moreover the businesses will also run more optimally.

Author : Nindya/ Lulun

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