A recent case illustrates shortcomings in the treatment of well-known trademarks by the Indonesian judiciary.
In the undefended proceedings Comite International Olympique v. Firma Kemakmuran (74/Pdt.Sus-Merek/2013/PN. Niaga.Jkt.Pst), the Commercial Court of Jakarta refused to cancel the Defendant’s trademark OLYMPIQUE TEA TEH CAP OLIMPIADE & Device (see image below), which was registered in class 30 for use with tea. The Court reasoned that the Plaintiff was not entitled to the claimed relief because it did not establish to the Court’s satisfaction that its Olympic rings trademark was well-known for tea. In other words, the Court refused to grant this well-know mark (the olympic rings!) protection against registration of third party marks for dissimilar goods.
(image from DGIP online database)
The Trademark Law does accommodate protection for well-known trademarks against registrations for dissimilar goods. The relevant provision is article 6 (2) of Law No. 15 of 2001 on Trademarks. The problem is that article 6(2) refers to implementing regulations, which have not yet been issued. The result is a general lack of certainty, and in practice an expectation that well-known marks will not be enforced against dissimilar goods.