Descriptive trademarks are again in the spotlight, and this time it’s all about the staple food 'tempe’.
In 2008, an individual named Fudji Wong applied for registration of trademark MENDOAN (word). The mark was registered in 2010, giving Wong exclusive rights to use the trademark with a variety of cooked foods, and prevent others from doing so. The controversy is that Tempe Mendoan refers to a very popular style of cooking ‘tempe’ (soybean cake) - by frying with flour. ‘Mendoan’ appears in Indonesian dictionaries as meaning this particular style of cooking, and Wong's trademark is therefore arguably descriptive.
In theory, trademarks that are descriptive of the goods/services claimed cannot be registered in Indonesia. In practice, the Trademark Office applies a narrow assessment of descriptiveness. Only trademarks that directly describe applied goods/services will be refused on grounds of descriptiveness. Further, the Trademark Office is known to apply an even more liberal standard for trademarks consisting of foreign words - foreign marks that would otherwise be considered as descriptive are sometimes registered.
Presumably Wong tried to enforce his trademark rights, which resulted in the backlash from local business that is being reported in the media this month (see here, though note that the author doesn't appear to understand that the case involves a trademark and not a patent - how embarrassing). This follows another high profile dispute concerning descriptive trademarks, concerning the use of trademark KOPITIAM - which means ‘coffee house’ in Hokien - with coffee shops.
(Tempe Mendoan)