Happy Rayna Stephany / Yanuar Pribadhie
A local businessman, Robin Wibowo, the holder of certain “TRUMPS” trademark certificates from the Directorate General of Intellectual Property Rights (IPR) has been sued by Donald Trump on the grounds of piggybacking on Donald’s famous last name ”Trump”.
Mr. Trump has filed a trademark suit with the Commercial Court in Central Jakarta against Mr. Wibowo, demanding that the TRUMPS trademark registration for goods under class 25 be cancelled. Class 25 covers products such as ties and gloves.
Prior to this suit, it is believed that Mr. Wibowo had previously been sued by Mr. Trump for registering the TRUMPS trademark for services under class 35 covering outsourcing, auction and advertisement services.
Mr. Wibowo registered the TRUMPS trademark on 29 March 2012 at the Directorate General of IPR. The TRUMPS trademark for class 35 services was registered on 17 June 2010.
Mr. Trump is arguing that the registrations are violations of Article 6 (3) of Law
No. 15 of 2001 on Trademarks. This article requires the Directorate General to reject trademark registrations if the trademark constitutes or is similar to a famous person’s name.
Mr. Trump claims that his renowned name has already been recognized by the Directorate General by its letter No HKI.4HI.06.01.PO dated 28 June 2013, which rejected a trademark application for “D TRUMP”, on the grounds that the registration was similar to the Donald Trump name.
Mr Wibowo’s attorney, Sigit Nugraha, is arguing that his client’s trademark registration differs. The disputed registration uses the word “TRUMPS”, not “DONALD J TRUMP”, or “D TRUMP”. As such, it has different characteristics, and “TRUMPS” itself has nothing to do with Donald Trump’s renowned name.
There are also other varieties of trademarks using combinations that include the word “TRUMP”. Sigit points out that there are at least 12 registered trademarks that use similar combinations, such as “TRUMPH” and “TRUMPF”.
“TRUMP words cannot be exclusively owned by Mr. Trump, if used in other combinations,” argues Sigit in his rebuttal lodged with the court.
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ds/kc)