Mawar Super Laundry Trademark Dispute

20 - September - 2018

Siti Wardah, a businesswoman producing cleaning fluids for laundry, has filed a lawsuit to cancel the trademark 'MAWAR SUPER LAUNDRY'. The lawsuit was registered at the Commercial Court of Jakarta. "My client filed the cancellation lawsuit because the trademark registration was done in bad faith and dishonestly," said the plaintiff's legal counsel, Ichwan Anggawirya, to Gatra.com in Jakarta on Saturday, (23/6).

Siti Wardah, commonly known as Wardah, has been pioneering the production of cleaning fluids for laundry since 2013. She named her product brand 'MAWAR SUPER LOUNDRY'. Wardah also designed the logo for her brand. "I designed it and determined the font type and color composition," she said.

In 2015, Rosa Sumaya, who was initially a supplier of packaging bottles, became interested in distributing the cleaning fluid produced by Wardah. A business partnership was agreed upon. The business grew rapidly. In January 2017, Wardah took the initiative to register the trademark for her cleaning fluid product, MAWAR SUPER LOUNDRY, along with its logo, with the Directorate General of Intellectual Property, Ministry of Law and Human Rights.

However, the trademark registration application was rejected. Through a letter dated March 26, 2018, the Directorate General of Intellectual Property stated that the registration was rejected because the trademark MAWAR SUPER LAUNDRY had already been registered earlier at the Directorate General of Intellectual Property under the name Siti Hardita Sundari, filed on September 28, 2016.

Ichwan explained that based on the investigation conducted by Wardah's legal team, it was found that the trademark registration by Siti Hardita Sundari was allegedly done in bad faith.

It turned out that the registrant was the biological sister of Rosa Sumaya, who had previously been a distributor, and then secretly produced and marketed the cleaning fluid herself using the MAWAR SUPER LAUNDRY trademark.

Ichwan revealed that trademark registration in Indonesia follows the first-to-file principle. This means whoever files for a trademark first is considered the trademark owner. However, the trademark application must be filed in good faith. "In fact, the registration was done in bad faith," he explained.

Source: gatra.com

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