Sunday, October 30, 2011

Indonesia - trademark refusal appeals

The Central Jakarta Commercial Court has decided a trademark similarity case in favour of Japan's Sumitomo Rubber Industries Ltd. SRI had been refused registration of VEURO in class 12 both by the examiner then on appeal by the Trademark Appeal Commission.

In its decision, the panel of judges chaired by Judge Ennid Hasanuddin stated that the VEURO mark was not similar to EURO-R which was the basis of the refusal by the Trademark Appeal Commission. The judges decided that the marks are different when spoken.

One of the problems of the Trademark Appeal Commission is that it is staffed by other TMO examiners who almost never overrule their colleagues, which means most appeals have to go to court.  Something needs to be done about this lack of independant thinking, as it just delays trademark decisions, creating unecessary cost and delay to registrants.

Meanwhile a new Director of trademarks has been appointed in Indonesia and starts his posting today - Dr Mohamad Adri a longstanding IPO Office official, previously director of Co-operation and Promotion.

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