Responding To The Lawsuit Of The Halilintar Gene Brand At The Central Jakarta District Court, Kemenkumham: Someone Already Registered In 2017

Acting Director General of Intellectual Property Kemenkumham Razilu. BETWEEN/HO

JAKARTA - The Directorate General of Intellectual Property of the Ministry of Law and Human Rights (Kemenkumham) responded to a trademark lawsuit filed by Gen Halilintar to the Central Jakarta District Court.

"The Halilintar Gene brand has actually been registered on October 23, 2017 by PT Soka Cipta Niaga," said Acting Director General of Intellectual Property Kemenkumham Razilu in a written statement received in Jakarta, Antara, Friday, August 19.

The Gen Halilintar brand was not canceled, but rejected in 2019 because it was considered to have similarities in principle with other brands that have been registered for similar service goods.

This is in accordance with Article 21 paragraph 1 letter a of Law Number 20 of 2016 concerning Marks and Geographical Indications.

Gen Halilintar is known to have submitted the proposal on June 5, 2018. If it refers to the first to file system, then it is rejected because it is considered that there are similarities in principle by DJKI.

After the rejection, Gen Halilintar submitted an appeal to the Mark Appeal Commission. In April 2020, the Mark Appeal Commission strengthened the DJKI's decision to reject the trademark submitted by Gen Halilintar.

"Well, it is the decision from the Mark Appeal Commission that he (Gen Halilintar) has sued to the Commercial Court," said Razilu.

Therefore, he said, the DJKI Kemenkumham actually never canceled the trademark proposed by Gen Halilintar in 2018. The resolution of the problem still needs to be awaited and DJKI will follow the process.

"Now we are waiting for the court's decision. Whatever the court's decision, we will follow it," he said.

On the other hand, PT. Soka Cipta Niaga has a brand certificate with the number IDM000764189. This brand is protected until October 23, 2027 and can still be renewed.

The brand is in the goods/services class 25 which contains fashion products (kimono, sleepwear, children's pants, etc.). For the record, the first to file system in the mark is the party who first applies for the mark, then he is the one who will get the exclusive rights for the mark.

However, apart from having to register first, the granting of trademark rights must also go through an announcement and inspection process at the DJKI. In the process allows the brand to be accepted or rejected.