Court Decree No.: 74/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst
This case highlights a dispute over trademark rights involving an agreement to transfer ownership to an heir. The discovery of a forged signature added a critical twist, raising serious legal and business implications.
Acting as legal counsel, we successfully annulled the forged agreement in court, restoring the rightful ownership of the trademark to the heirs.
A trademark transfer agreement was made, but the trademark’s rightful owner had passed away in 2017.
However, the agreement was signed in the owner’s name in 2021, clearly indicating signature forgery
Parallel Legal Processes
Before filing a challenge in the Commercial Court, police reports were submitted to Polda Metro Jaya for signature forgery and Polda Bangka for unauthorized use of the trademark. These simultaneous proceedings created complexities in managing the case.
Impact on Commercial Court Proceedings
The ongoing police investigations affects the progress of the case in the Commercial Court, further complicating the resolution and vice versa.
Approval by Ditjen HAKI
The Directorate General of Intellectual Property (Ditjen HAKI) approved the trademark registration based on the forged agreement, complicating the legal standing of the rightful owner.
How can the rightful trademark owner challenge a transfer agreement based on a forged signature?
What legal actions can be taken when a trademark registration is approved using falsified documents?
Confirmed Forgery
The transfer agreement included a forged signature, invalidating its authenticity under the law. It satisfies the criteria of criminal intent.
Unauthorized Trademark Use
The trademark was unlawfully utilized, infringing on the rightful owner’s intellectual property rights.
Impact on Ownership Rights
The forged agreement and subsequent registration affected the legal and business interests of the rightful trademark owner and their heirs.
As of now all of the stores have been closed and the current progress have reached suspect designation by the authorities.
As continuation, we successfully challenged the forged agreement in the Commercial Court, resulting in its annulment. This legal victory restored the rightful ownership of the trademark to the heirs and laid the groundwork to revoke the registration approved by Ditjen HAKI.
Immediate Legal Action
The rightful owner or their heirs should promptly challenge the registration and agreement through a civil lawsuit and administrative appeal.
Preventive Measures
Businesses should secure and monitor trademark ownership records to prevent similar disputes in the future.
This case clearly demonstrates the critical importance of taking swift and decisive legal action to effectively protect intellectual property rights from potential violations. Our successful annulment of the fraudulent and forged agreement highlights the undeniable effectiveness of specialized legal expertise in efficiently resolving complex disputes of this nature.
If you have questions or encounter a similar case, feel free to contact us for consultation at putranto@putranto-alliance.com or by filling out the form below.
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