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Ada Pertanyaan? Hubungi Kami Happy Rayna Stephany, Yanuar Pribadhie
The Commercial Court at the Central Jakarta District Court rendered a decision on Tuesday that the word “TRUMPS” has sufficient similarity to the name of renowned personality, Donald J. Trump. In other words, using “TRUMPS” as a trademark without Mr. Trump’s consent is a violation of the law and that the TRUMPS trademark must be retracted.
The decision marked the final proceedings for the lawsuit lodged by Mr. Trump after he found that the word “TRUMPS” has been registered in Indonesia by Robin Wibowo with the Directorate General of Intellectual Property Rights. TRUMPS was registered in class 25 with registration no. IDM000351401.
The Court considered that Mr. Trump’s fame is indicated by his wealth, as he is one of the wealthiest people in the United States. That overwhelming prosperity, according to the Court, makes Donald fall under the category of a “Famous Person”, for which a trademark should not be registered without the latter’s consent.
“Therefore, under Article 6 (3) a Law No. 15 of 2001 on Trademarks, the word “TRUMPS” cannot be used as a trademark without the consent of the owner of the name,” said the Court.
The Court also rejected Robin’s contention that the word “TRUMPS” cannot be exclusively used by Mr. Trump, because the word is essentially a general word and was not invented by Donald himself. After the hearing, none of the parties would comment on the judgment.
The lawsuit was filed against Robin after Mr. Trump’s application for registration of his trademark, “TRUMP” and “TRUMP TOWER”, in class 45 was rejected. Mr. Trump later found out that the rejection was because a similar trademark, “TRUMPS”, had already been registered by Robin.
Mr. Trump objected to the registration of “TRUMPS”, because he has registered his trademark in several countries, such as Canada, the United States, Australia, Japan, New Zealand, Russia, Thailand, and Ukraine. In Canada, “TRUMP” has been registered since 26 July 1932.
Robin, however, argued that the registration of “TRUMPS” had passed the substantial examination under the Trademark Law. Therefore, Robin claimed that he is the legitimate owner of the TRUMPS trademark and should be protected by the Law.
Robin also argued that the word “TRUMP” is a general word that can be found in every English dictionary. Trump philosophically means fortune, and consequently the use of the word is expected to bring fortune to a business. Unfortunately for Robin, his contentions could not be sufficiently supported.
(hot/kc)
Happy Rayna Stephany, Yanuar Pribadhie
The Commercial Court at the Central Jakarta District Court rendered a decision on Tuesday that the word “TRUMPS” has sufficient similarity to the name of renowned personality, Donald J. Trump. In other words, using “TRUMPS” as a trademark without Mr. Trump’s consent is a violation of the law and that the TRUMPS trademark must be retracted.
The decision marked the final proceedings for the lawsuit lodged by Mr. Trump after he found that the word “TRUMPS” has been registered in Indonesia by Robin Wibowo with the Directorate General of Intellectual Property Rights. TRUMPS was registered in class 25 with registration no. IDM000351401.
The Court considered that Mr. Trump’s fame is indicated by his wealth, as he is one of the wealthiest people in the United States. That overwhelming prosperity, according to the Court, makes Donald fall under the category of a “Famous Person”, for which a trademark should not be registered without the latter’s consent.
“Therefore, under Article 6 (3) a Law No. 15 of 2001 on Trademarks, the word “TRUMPS” cannot be used as a trademark without the consent of the owner of the name,” said the Court.
The Court also rejected Robin’s contention that the word “TRUMPS” cannot be exclusively used by Mr. Trump, because the word is essentially a general word and was not invented by Donald himself. After the hearing, none of the parties would comment on the judgment.
The lawsuit was filed against Robin after Mr. Trump’s application for registration of his trademark, “TRUMP” and “TRUMP TOWER”, in class 45 was rejected. Mr. Trump later found out that the rejection was because a similar trademark, “TRUMPS”, had already been registered by Robin.
Mr. Trump objected to the registration of “TRUMPS”, because he has registered his trademark in several countries, such as Canada, the United States, Australia, Japan, New Zealand, Russia, Thailand, and Ukraine. In Canada, “TRUMP” has been registered since 26 July 1932.
Robin, however, argued that the registration of “TRUMPS” had passed the substantial examination under the Trademark Law. Therefore, Robin claimed that he is the legitimate owner of the TRUMPS trademark and should be protected by the Law.
Robin also argued that the word “TRUMP” is a general word that can be found in every English dictionary. Trump philosophically means fortune, and consequently the use of the word is expected to bring fortune to a business. Unfortunately for Robin, his contentions could not be sufficiently supported.
(hot/kc)