The Battle of Two Roses Was Finally Won by Wardah

11 - September - 2019

Wardah, as the originator and first inventor of the liquid laundry freshener formulation under the brand Mawar Super Loundry, can now breathe a sigh of relief. The trademark cancellation lawsuit, which was won at the Commercial Court level, has now become final with the Supreme Court's Decision Number 161 K/Pdt.Sus-HKI/2019, which rejected the cassation request from the cassation applicant, or previously the defendant in the Mawar Super Laundry trademark dispute.

It all began when Rosa Sumaya, a supplier of empty bottles, approached Wardah to offer packaging for her freshener products. This led Wardah to establish a business relationship with Rosa, who was also interested in marketing the laundry freshener products manufactured by Wardah.

The business transactions proceeded smoothly, but Rosa secretly discovered that Wardah had not yet registered her trademark. Subsequently, Rosa instructed her sibling to register the Mawar Super Laundry trademark, obtaining certificate number IDM000612703 in the name of Siti Hardita Sundari, Rosa's sibling.

When Wardah applied for trademark registration, her application was rejected. Wardah was surprised to learn that the basis for the rejection was the Mawar Super Laundry trademark, whose owner was the sibling of her business partner, Rosa.

No agreement was reached through deliberation, so Wardah took the case to court, appointing Ichwan Anggawirya from IndoTrademark as her legal representative to file a trademark cancellation lawsuit. "We used the argument of bad faith and had sufficient evidence for it," revealed Ichwan.

Trademark applications in Indonesia do indeed adhere to the "first to file" principle, meaning the first applicant is considered to have the greater right, not "first to use" or the first user. However, this "first to file" principle applies to applicants acting in good faith. Therefore, it is not absolute and can be defeated by the argument of bad faith, added Ichwan.

As a result, after a lengthy dispute process, Wardah decisively won the battle at both the Commercial Court and the Supreme Court levels, ensuring that the contested Mawar Super Laundry brand could finally be owned by Wardah again.

Consequently, Wardah now holds exclusive rights to the Mawar Super Loundry trademark. Any party using the Mawar trademark without Wardah's permission will face the applicable legal consequences.

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