German baby stroller manufacturer, Cybex gmbH, was surprised that its trademark registration in Indonesia was not approved by the Ministry of Law and Human Rights because there was already a stroller with a brand similar to the Cybex brand. Legal action has been taken.

 

The case began when Cybex gmbH filed a trademark registration application with the Directorate of Trademarks of the Ministry of Law and Human Rights on June 19, 2015. Besides Indonesia, Cybex gmbH has registered its trademarks in various countries such as Germany, Lebanon, the Republic of Honduras, Canada, and the European Union.

 

However, the application was not accepted due to similarities with another brand previously registered, namely the Cybex brand produced by a Surabaya businessman, Samuel Hadi Wiyoto.

 

Cybex gmbH considers Cybex Surabaya to have plagiarized its brand. This is because no other differing letter elements were found. Both brands consist of the letters C-Y-B-E-X. Additionally, Cybex Surabaya also produces baby beds with a similar brand.

 

As a result, Cybex gmbH filed a lawsuit at the Central Jakarta District Court on September 19, 2016, and it has entered the evidence stage.

 

"Yes, we'll see later because the evidence is already in. The defendant has the goods, and we have the brochures," said Cybex gmbH's legal counsel, Mansur, to reporters after the trial at the Central Jakarta District Court, Jalan Bungur Besar Raya, Kemayoran, Central Jakarta, on Monday (11/14/2016).

 

Meanwhile, the legal counsel for Cybex Surabaya, Yanto, stated that the evidence presented by the defendant is questionable, as the evidence submitted to the judge was in the form of document copies.

 

"In principle, documents submitted to the judge must be originals; without originals, we doubt them," said Yanto.

 

Yanto explained that in the trial, his party presented evidence in the form of goods sold and proof of trademark licenses registered in Indonesia. They also included evidence of product advertisements.

 

"Now it's up to the judge. Earlier, they submitted a Spanish document as evidence. However, the judge requires submitted evidence to be translated into Indonesian. They submitted a document translated from English to Indonesian. We questioned that, but it's all up to the judge," concluded Yanto.

 

Source: detik.com