Putusan - 1287 - K - PDT - Sus-Hki - 2023 - 20240312220951 en

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Directory of Decisions of the Supreme Court of the
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Republic of Indonesia
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verdict.mahkamahagung.go.id
PUTUSAN
Number 1287 K/Pdt.Sus-HKI/2023
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FOR THE SAKE OF JUSTICE BASED ON ALMIGHTY DEITY
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MAHKAMAHAGUNG
examining special civil cases of intellectual property rights at the cassation level
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has decided as follows in the case between:
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NUTRITIONAL GOODNESS S.A., domiciled at Boulevard de
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Pérolles 12-14, 1700 Fribourg, Switzerland, in this case granting
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power of attorney to Heru Lukito, S.H., LL.M., and friends,
Advocates/Lawyers and Legal Consultants at Law Firm Heru
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Lukito & Partners, with offices at Talavera Office Park, 28th Floor,
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Jalan T.B. Simatupang, Kaveling 22-26, Jakarta, based on

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Special Power of Attorney dated March 20, 2023;
Cassation Petitioner;
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Lawan
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GOVERNMENT OF THE REPUBLIC OF INDONESIA cq.

MINISTRY OF LAW AND HUMAN RIGHTS OF THE REPUBLIC
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OF INDONESIA cq. DIRECTORATE GENERAL OF

PROPERTY RIGHTS
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INTELLECTUAL cq. COMMISSION OF BRAND APPEALS,

domiciled at Jalan H.R. Rasuna Said, Kaveling 8-9, Kuningan,
South Jakarta, represented by Dr. Teddy Anggoro, S.H., M.H., as
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Chairman of the Trademark Appeal Commission, Directorate

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General of Intellectual Property, Ministry of Law and Human
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Rights of the Republic of Indonesia, in this case authorizing
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Djunie Wlianto, S.H., M.Kn., and friends, Members of the

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Trademark Appeal Commission and Employees at the Sub-

directorate. Legal Services and Facilitation of the
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T ra d e m a r k Appeal Commission, Directorate of

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Trademarks a n d Geographical Indications, Directorate

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General of Intellectual Property, having its office at Jalan H.R.

Rasuna Said, Kav. 8-9, Kuningan, South Jakarta, by virtue of a
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Special Power of Attorney dated May 2, 2023; Respondent in

Cassation;
The Supreme Court;
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Page 1 of 6 p. Put. Number 1287 K/Pdt.Sus-HKI/2023

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Disclaimer
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The Registrar of the Supreme Court of the Republic of Indonesia strives to always include the most current and accurate information as a form of the Supreme Court's commitment to public service, transparency and accountability in
the implementation of judicial functions. However, in certain cases there may still be technical problems related to the accuracy and currency of the information we present, which we will continue to improve from time to time. In the
event that you find inaccuracies in the information contained on this site or information that should be available, but is not yet available, please immediately contact the Registrar of the Supreme Court of Indonesia via :
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Email : kepaniteraan@mahkamahagung.go.id Tel : 021-384 3348 (ext.318) Page 1

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Read the relevant letters;
Considering,
has that from the aforementioned letters the Cassation Petitioner
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filed a lawsuit before the Commercial Court at the Central Jakarta District Court
in essence, and requested the Court to give the following decision:
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1. Grant the Plaintiff's claim in its entirety;
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2. D eclare the trademark " " owned by the Plain t i f f with the
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t r a d e m a r k " " owned by the Plaintiff.
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The comparator " " Registration Number IDM000384049 is not

substantially similar and does not deceive consumers;
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3. Declare that the Defendant's Decision Number 1006/KBM/HKI/2022, dated

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December 20, 2022 is unreasonable according to law;
4. Declare void Decision 1006/KBM/HKI/2022, dated December 20, 2022 with
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all its legal consequences;

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5. Order the Defendant to order the Ministry of Law and Human Rights of the
Republic of Indonesia cq. Directorate General of Property Rights
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Intellectual cq. Directorate of Trademarks to register the mark " "

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Agenda No. DID2020041515 in the name of the Plaintiff to protect all

the type of goods for which protection is sought in class 30 in the General
Register of Trademarks;
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6. Order the Defendant to pay court costs according to law;

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Whereas, against the lawsuit the Commercial Court at the Central
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Jakarta District Court has given Decision Number 50/Pdt.Sus/Merek/2023/PN

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Niaga Jkt. Pst., dated July 6, 2023, which reads as follows:

1. Declare the Plaintiff's lawsuit inadmissible (niet ontvankelijke verklaard);
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2. Order the Plaintiff to pay court costs in the amount of

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Rp470,000.00 (four hundred seventy thousand rupiah);
Considering,
Court that
at after Decision Court Commercial
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The Central Jakarta District Court was notified electronically to the Cassation
Petitioner on July 6, 2023, then against it by the Cassation Petitioner through its
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attorney based on the Special Power of Attorney dated March 20, 2023, filed a
cassation application on July 18, 2023, as evident from the Deed of Cassation
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Application Against the Decision of Trademark Lawsuit Number 33 K/Pdt.Sus-
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HKI/2023/PN Niaga. Jkt. Pst juncto Number 50/Pdt.Sus-Merek/2023/PN Niaga.
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Jkt. Pst., made by the Registrar of the Commercial Court at the Central Jakarta
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District Court, the application was followed by a cassation memorandum
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containing the reasons received at the Registrar of the District Court on July 31,
2023;
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to Considering that the cassation petition and its reasons have been
carefully notified to the opposing party, filed within the time limit and in the
manner prescribed by law, therefore the cassation petition is formally
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admissible;
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Considering, that based on the cassation memorandum received on July

31, 2023, which is an integral part of this decision, the Cassation Petitioner
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basically requests:
1. Receive and grant the cassation application from the Cassation Petitioner /
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Plaintiff Nutritional Goodness S.A.;

2. Canceling the Decision of the Jakarta Commercial Court Number
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50/Pdt.Sus- Merek/2023/PN Niaga Jkt. Pst., dated July 6, 2023, by
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adjudicating this case itself:

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Self-Adjudication:
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1. Grant the appeal of the Cassation Petitioner/ Plaintiff in its entirety;

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2. Stating that the Cassation Applicant/ Plaintiff is entitled to the mark " "
with Application Number DID2020041515 in class 30 in the territory of the
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Republic of Indonesia;
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3. Stating that the comparative mark " " with Registration Number
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IDM000384049 class 30 on bhalf of Somad Ali has no similarity in essence
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and/or in its entirety with the trademark " "
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belonging to the Cassation Petitioner/Claimant " " with Application Number
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DID2020041515 in class 30;
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4. Declare void the decision of the Commercial Court Number 50/Pdt.Sus-
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Merek/2023/PN Niaga Jkt. Pst., and order the Ministry of Law and Human
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Rights of the Republic of Indonesia cq. Directorate General of Intellectual
Property Rights cq. Directorate of Trademark cq. Trademark Appeal
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Commission with all legal consequences to cancel the decision of the
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Defendant Number 1006/KMB/HKI/2022, dated December 20, 2022;

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5. Ordering the Directorate of Trademarks to record and include
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registration of the mark " " owned by the Cassation Applicant/ Plaintiff
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in class 30, as filed on July 29, 2020;

6. Punish the Cassation Respondent/Defendant to pay court costs according
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to law;
Against the cassation memory, the Cassation Respondent did not submit
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a counter cassation memory;

Considering, that against these reasons the Supreme Court is of the
opinion:
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That the objection cannot be justified, because after carefully examining

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the Cassation Memorandum dated July 31, 2023, it is connected with the
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considerations of the Judex Facti, in this case the Commercial Court at the
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In u
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Central Jakarta District Court did not misapply the law with the following
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considerations:
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event that you find inaccuracies in the information contained on this website or information that should be available, but is not yet available, please immediately contact the Registrar of the Supreme Court of Indonesia via :
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m Directory of Decisions of the Supreme Court of the
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That in the postulation of his lawsuit to the Trademark Appeal
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Commission, the Plaintiff did not postulate when / when he received the
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Defendant's decision Number 1006/KBM/HKI/2022, dated July 19, 2022, again
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from the evidence of the letter submitted by the Plaintiff there is no evidence of
a letter showing when the Plaintiff received notification of the Defendant's
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ep
decision;
That in filing a lawsuit against the decision to reject the appeal must be
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known whether the filing of a lawsuit against the decision to reject the appeal is
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still within the grace period as stipulated in Article 30 paragraph (3) of Law
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Number 20 Year 2016 on Trademarks and Geographical Indications;
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That because the Plaintiff cannot prove that his lawsuit has not passed
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the 3 (three) month grace period, his lawsuit must be declared unacceptable;
Considering, that based on the above considerations, it is evident that
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to the Decision of the Commercial Court at the Central Jakarta District Court in
this case is not contrary to the law and/or the law, so that the cassation petition
filed by the Cassation Petitioner NUTRITIONAL GOODNESS S.A., must be
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rejected;
Considering that because the cassation petition of the Cassation
Petitioner is rejected, the Cassation Petitioner must be ordered to pay the court
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costs at this cassation level;

Noting, Law No. 20 of 2016 on Trademarks and Geographical
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Indications, Law No. 48 of 2009 on Judicial Power, Law No. 14 of 1985 on the
Supreme Court as amended by Law No. 5 of 2004 and the second amendment
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by Law No. 3 of 2009, and other relevant laws and regulations;
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M E N D I L I:
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1. Reject the cassation petition of the Cassation Petitioner: NUTRITIONAL
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GOODNESS S.A., mentioned;
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2. Punish the Cassation Petitioner to pay the court costs at this level.
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cassation in the amount of Rp5,000,000.00 (five million rupiah);
Thus decided in a deliberation meeting of the Panel of Judges of the
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Supreme Court on Thursday, December 14, 2023, by I Gusti Agung
C
ep
Sumanatha, S.H., M.H., Supreme Court Judge appointed by the Chief Justice
of the Supreme Court as Chairman of the Panel, Dr. H. Panji Widagdo, S.H.,
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M.H., and Dr. Rahmi Mulyati, S.H., M.H., Judges of the Supreme Court, each
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as a Member, the decision was pronounced in a session open to the public on
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the same day by the Chairman in the presence of the Members and Jarno
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Budiyono, S.H., Substitute Registrar without the presence of the Parties.
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Member Judges Chairman of
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theTribunal, Ttd. Ttd.

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Dr. H. Panji Widagdo, S.H., M. Gusti Agung Sumanatha, S.H., M.H.
Ttd.
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Dr. Rahmi Mulyati, S.H., M.H.

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Substitute
Registrar,
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Signed.
Costs:
Jarno Budiyono, S.H.
1. M e t e r a i ................. Rp 10.000,00
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2. R e d a k s i................. Rp 10.000,00
3. Cassation Administration.......
Rp4,980,000.00 Total.....Rp5,000,000.00
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For the copy of the
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SUPREME COURT of
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the Republic of Indonesia
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an. Registrar
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Special Civil Registrar
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In rt
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H. AHMAD ARDIANDA PATRIA, SH., M.HUM.

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Nip.19621220 198612 1 001

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Page 6 of 6 pp Put. Number 1287 K/Pdt.Sus-HKI/2023

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NUTRITIONAL GOODNESS S.A., domiciled at Boulevard de

Jalan T.B. Simatupang, Kaveling 22-26, Jakarta, based on

GOVERNMENT OF THE REPUBLIC OF INDONESIA cq.

OF INDONESIA cq. DIRECTORATE GENERAL OF

INTELLECTUAL cq. COMMISSION OF BRAND APPEALS,

Chairman of the Trademark Appeal Commission, Directorate

Djunie Wlianto, S.H., M.Kn., and friends, Members of the

Trademark Appeal Commission and Employees at the Sub-

T ra d e m a r k Appeal Commission, Directorate of

Trademarks a n d Geographical Indications, Directorate

General of Intellectual Property, having its office at Jalan H.R.

Special Power of Attorney dated May 2, 2023; Respondent in

Page 1 of 6 p. Put. Number 1287 K/Pdt.Sus-HKI/2023

Email : kepaniteraan@mahkamahagung.go.id Tel : 021-384 3348 (ext.318) Page 1

t r a d e m a r k " " owned by the Plaintiff.

The comparator " " Registration Number IDM000384049 is not

3. Declare that the Defendant's Decision Number 1006/KBM/HKI/2022, dated

all its legal consequences;

Intellectual cq. Directorate of Trademarks to register the mark " "

Agenda No. DID2020041515 in the name of the Plaintiff to protect all

6. Order the Defendant to pay court costs according to law;

Jakarta District Court has given Decision Number 50/Pdt.Sus/Merek/2023/PN

Niaga Jkt. Pst., dated July 6, 2023, which reads as follows:

2. Order the Plaintiff to pay court costs in the amount of

Page 2 of 6 p. Put. Number 1287 K/Pdt.Sus-HKI/2023

Email : kepaniteraan@mahkamahagung.go.id Tel : 021-384 3348 (ext.318) Page 2

HKI/2023/PN Niaga. Jkt. Pst juncto Number 50/Pdt.Sus-Merek/2023/PN Niaga.

Considering, that based on the cassation memorandum received on July

Plaintiff Nutritional Goodness S.A.;

adjudicating this case itself:

1. Grant the appeal of the Cassation Petitioner/ Plaintiff in its entirety;

Page 3 of 6 p. Put. Number 1287 K/Pdt.Sus-HKI/2023

Email : kepaniteraan@mahkamahagung.go.id Tel : 021-384 3348 (ext.318) Page 3

4. Declare void the decision of the Commercial Court Number 50/Pdt.Sus-

Commission with all legal consequences to cancel the decision of the

Defendant Number 1006/KMB/HKI/2022, dated December 20, 2022;

in class 30, as filed on July 29, 2020;

a counter cassation memory;

That the objection cannot be justified, because after carefully examining

Page 4 of 6 p. Put. Number 1287 K/Pdt.Sus-HKI/2023

Email : kepaniteraan@mahkamahagung.go.id Tel : 021-384 3348 (ext.318) Page 4

costs at this cassation level;

Page 5 of 6 p. Put. Number 1287 K/Pdt.Sus-HKI/2023

Email : kepaniteraan@mahkamahagung.go.id Tel : 021-384 3348 (ext.318) Page 5

as a Member, the decision was pronounced in a session open to the public on

Budiyono, S.H., Substitute Registrar without the presence of the Parties.

Member Judges Chairman of

theTribunal, Ttd. Ttd.

Dr. Rahmi Mulyati, S.H., M.H.

H. AHMAD ARDIANDA PATRIA, SH., M.HUM.

Nip.19621220 198612 1 001

Page 6 of 6 pp Put. Number 1287 K/Pdt.Sus-HKI/2023

Email : kepaniteraan@mahkamahagung.go.id Tel : 021-384 3348 (ext.318) Page 6

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