Projects » Business Identification Number Service

Protecting Brand Integrity in Indonesia

Written by David James Oliver Tuhusula on 08/08/2025
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

Background

A month ago, a prominent consumer goods client identified unauthorized use of its trademark within the Indonesian market. The issue came to light when the client discovered wet tissue products being sold under the protected brand name without permission, both through online channels and other sales platforms. Under Indonesia’s Trademark Law, such acts constitute infringement and can be pursued through formal enforcement channels under the Directorate General of Intellectual Property (DGIP).

Discovery and Initial Action

The unauthorized use was first detected during a routine review of sales channels, where products matching the client’s brand were found listed by a third party. Recognizing the importance of protecting its intellectual property, the client engaged professional assistance to initiate a formal warning process by issuing a cease-and-desist letter to the alleged infringer.

Escalation and Evidence Gathering

Despite these efforts, the initial and subsequent responses from the other party denied any infringement, asserting that the products differed from those of the trademark owner. Undeterred, the client continued diligent monitoring and collected additional evidence, including detailed documentation of the trademarked name appearing in product listings and marketing materials.

Strategic Approach and Resolution

With comprehensive documentation in hand and the benefit of experienced guidance, the client issued a third and final warning. This notice included indisputable proof of trademark use. Confronted with this evidence, the infringing party formally acknowledged the mistake, responding within days with a written admission and a statement of regret.

Negotiation and Achievement of Objectives

Building on this admission, the client advanced three clear demands to resolve the matter:

Immediate cessation of all promotional activities involving the disputed trademark
Complete withdrawal of all products bearing the mark from all sales channels
Transfer of the trademark rights to the rightful owner, either free of charge or upon agreed compensation

Through a combination of decisive internal action, thorough documentation, and professional collaboration, the client succeeded in securing all its objectives. The unauthorized seller promptly halted use of the trademark, removed the infringing products from the market, and agreed to transfer the trademark rights.

Outcome

This successful outcome enabled the client to preserve its brand integrity and uphold its market position in Indonesia. The case demonstrates the value of timely action, systematic evidence gathering, and strategic engagement in protecting intellectual property in a dynamic and evolving business environment.