Leading Mexican Hardware Company Wins Cancellation Action Against Trademark Squatter in Indonesia
For Immediate Release
January 28, 2014
Jakarta, Indonesia—Truper S.A. de C.V., one of the world’s largest tool and hardware product manufacturers, has won a key cancellation action in Indonesia focused on its signature brand, TRUPER. Forced to file suit in the Jakarta Commercial Court to cancel a local trademark squatter’s prior registration of Truper’s namesake logo, Mexico-based Truper S.A. de C.V. has now successfully recaptured its brand in Indonesia as a result of the Court’s decision, which found for Truper on all counts.
Finalized on November 6, 2013, the decision (No. 17/Pdt.Sus-Merek/2013/PN.Niaga.Jkt.Pst., dated July 4, 2013) stated that the mark TRUPER is a well-known mark for relevant goods in Class 08 based upon its numerous foreign registrations, as well as its widespread and long-standing use around the world. The Court also noted that Truper S.A. de C.V. has been using the mark since 1974, which is well before the defendant filed his application in Indonesia. Additionally, the Court compared the two marks at issue and found them to be substantially similar in their essential parts. Based upon those reasons, the Court found that the defendant had acted in bad faith in obtaining this registration and declared Truper S.A. de C.V. to be the true and legal owner of the mark TRUPER in Indonesia for all goods in Class 08.
The case was litigated in Indonesia by Januar Jahja & Partners (JJP), a boutique intellectual property law firm based in Jakarta, Indonesia, specializing in trademark litigation. Mr. Januar Jahja, the firm’s managing partner with over 35 years experience in Indonesian intellectual property law, commented on the Court’s decision, stating: “This case helps show foreign companies that there is hope if they are the subject of trademark piracy in Indonesia. The courts are sensitive to these types of cases and, as long as there is enough evidence to support the claim, they will cancel the offending registration and rule in favor of the foreign plaintiff.” The firm was assisted by counsel at Kangxin Partners, P.C., a leading Chinese intellectual property firm.
The appeal period has since passed and no appeal was filed by the defendant.
About Truper S.A. de C.V.
Originally founded in 1962 as Herramientas Nacionales S.A. de C.V., the company now known as Truper S.A. de C.V. has grown into one of the world’s largest tool and hardware product manufacturers. Based in Mexico, Truper S.A. de C.V. exports its products for sale around the world in more than 30 countries, including those in Europe, Asia and Oceania. Its signature brand is its line of Truper products, which is the leading brand for the Mexican hardware industry.
About Januar Jahja & Partners
Januar Jahja & Partners is a boutique intellectual property law firm based in Jakarta, Indonesia. The firm has over 25 years experience handling all aspects of intellectual property law, including trademark and patent prosecution as well as IP-related litigation and other contentious matters, and provides legal services and counsel to well-known international businesses as well as leading Indonesian companies.
About Kangxin Partners, P.C.
Kangxin Partners, P.C. is a leading Chinese intellectual property firm licensed by the State Intellectual Property Office (SIPO) and the State Administration for Industry and Commerce (SAIC) in China. The recipient of numerous awards and accolades for its IP practice, Kangxin has grown from its establishment in 1994 to now include nine offices in three countries (China, Germany, and the United States). Kangxin’s diverse client base includes both domestic Chinese enterprises and large multinational companies from around the world.