The Central Jakarta District Court (PN Jakpus) rejected the lawsuit filed by Gamya Taxi Boss Mintarsih in the Blue Bird Taxi company trademark dispute. According to the panel, the plaintiff was deemed not entitled to file the lawsuit because the plaintiff had not yet submitted a trademark registration to the Directorate General of Intellectual Property Rights (HAKI).

 

Mintarsih asked the panel of judges that PT Blue Bird should not be allowed to use the blue bird logo. But this failed, because the lawsuit from the Gamya Taxi boss was rejected by the judge.

 

"Rejecting the plaintiff's lawsuit in its entirety," ruled the chief judge Kisworo, at PN Jakpus, Jl Gadjah Mada, Tuesday (16/6/2015).

 

The verdict was based by the panel of judges on Article 68 paragraph 1 of Law No. 15/2001 concerning Trademarks. Kisworo explained that in paragraph 1, the owner of an unregistered trademark can file a cancellation lawsuit after submitting an application to the Directorate General of HKI, whereas Mintarsih in this case had not yet registered.

 

"The plaintiff is deemed not entitled to file a trademark lawsuit because they have not submitted a registration to the Directorate General of Intellectual Property Rights. In addition, the plaintiff also does not yet have a registered trademark certificate," said Kisworo.

 

Following the verdict, Mintarsih expressed disappointment with the panel's decision. She insisted that her cancellation lawsuit remained valid and could be carried out even though the trademark had not been registered.

 

"We will consider filing a cassation legal remedy," said Mintarsih after the trial.

 

Meanwhile, the legal counsel for PT Blue Bird, Harjon Sinaga, said the verdict was in accordance with the facts presented during the trial.

 

"The lawsuit was indeed without legal basis and the plaintiff is not the owner of the disputed trademark and logo," said Harjon when contacted separately.

 

Source: detik.com