The famous Spanish clothing company Original Buff The main design and production of outdoor, movement, Urban and everyday wear and other types of clothing. The company's flagship product is a multifunctional, Seamless tubular hat ornament.

The product was originally created 1992 Annual manufacture, juxtaposition "BUFF" mark. Original Buff in 1994 Annual general "BUFF" The logo is registered as a trademark in Spain, And then around the world 110 Several countries have registered. The trademark applies to No 25 Clothing goods under the category.

2010 years, Original Buff In Indonesia will "BUFF" The logo is registered as a trademark. 2011 years 6 month, A local company in Indonesia has a similar logo "RUFF" (Used for similar goods) An application for trademark registration was filed, Try to take advantage of Original Buff the "BUFF" Reputation of a trademark. 2014 years, Original Buff in "RUFF" The trademark application was challenged at the time of the trademark announcement.

however, General Directorate of Intellectual Property of Indonesia (DGIP) in 2015 The objection was denied in 2000, And it was finally approved "RUFF" Registration of a trademark. Original Buff A lawsuit was filed with the Indonesian Commercial Court 2019 years, Original Buff The cancellation was filed with Indonesia's Commercial Court "RUFF" Trademark claim, Ask the court to declare "RUFF" Invalid trademark.

The company believes that, "RUFF" Trademark and its "BUFF" Trademarks have substantial similarities, And Indonesian businesses are registered "RUFF" The act of trademark is malicious registration, because "RUFF" The trademark applies to the goods associated with "BUFF" Trademarks apply to very similar goods, and "RUFF" The design of the goods to which the mark applies "BUFF" The pattern of the goods to which the trademark applies is also very similar. After many court hearings, The Indonesian Commercial Court is in 2020 years 1 The month ruled in favor of the case Original Buff award.

The court ruled, Apply to 25 Goods under the category "RUFF" The mark must be withdrawn from the Indonesian Trade mark Register, Because the trademark is related to Original Buff A well-known trademark of "BUFF" Have a substantial resemblance. In addition, The court also decided "RUFF" The trademark owner registered the trademark out of bad faith, And asked it to pay the relevant legal costs.

Indonesia's commercial court said in its ruling, "RUFF" Trademark sum "BUFF" Trademark in pronunciation (The pronunciation of Indonesian) Be very similar to, And the only difference in writing is the prefix "R" and "B" . This will lead to "BUFF" The consumer or user of the trademark is "RUFF" Trademark fraud or misrepresentation. The court also ruled that, According to Original Buff Continuous use "BUFF" Trademarks and promotional materials submitted, "BUFF" Trademarks may be classified as well-known trademarks.

The court further ruled, "RUFF" Trademarks are for use by Indonesian companies "BUFF" Registered for the purpose of trademark popularity, That is, registered for malicious purposes. The court also rejected it "RUFF" Counterclaim by the trademark owner, namely Original Buff revocation "RUFF" The trademark lawsuit has passed its deadline, Original Buff In terms of formal requirements (Power of attorney and articles of association) Have a problem, And cancel "RUFF" A trademark action lacks a party, because DGIP Not a co-defendant.

however, The court said, Original Buff Proposed revocation "RUFF" The trademark action has met the time and form requirements of the trademark revocation proceedings, and DGIP The absence of a co-defendant does not mean that the trademark revocation case lacks a party. although "RUFF" The trademark owner has appealed against the ruling by Indonesia's Commercial court, But a ruling on the appeal has not yet been made public. in Original Buff revocation "RUFF" In a trademark lawsuit, Indonesia's commercial court ruled in the same direction "RUFF" The trademark has been carried out recently 10 years "struggle" the Original Buff Sending a hopeful signal.

In Indonesia, The owner of the trademark is engaged with the registered trademark of another person "struggle" Has very limited access. In essence, A party may negotiate privately with the owner of a registered trademark in dispute, A lawsuit can also be filed in court to revoke the trademark. in Original Buff revocation "RUFF" In a trademark lawsuit, Original Buff in "RUFF" Action was taken before the trademark was registered, An objection was filed to the trademark application.

After the objection was denied and "RUFF" After the trademark is registered, Original Buff Decided to turn to the courts for help, Filing a trademark revocation action, though, can be costly and slow. In addition, One cannot claim damages in a trademark revocation action. For example, In Indonesia, People can only claim damages in tort proceedings.

In spite of this, Original Buff Be aware of, Providing protection for intellectual property rights is crucial to the sustainable development of its business in Indonesia. although "RUFF" The trademark owner appealed against the ruling by Indonesia's commercial court, but Original Buff The initial success has been encouraging, And lays the foundation for eliminating the long-term threat to its intellectual property in Indonesia.

(Compiled from www. tilleke. com)

Reprinted from China Intellectual Property Network  translation: Li Yanqiu　proofread: Liu Peng

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