OVERCOMING PERMANENT REFUSALS THROUGH THE TRADEMARK APPEAL COMMISSION
Dwipo Lubis Baskoro & Partners (“DLBP”) has successfully overcame permanent refusals issued by the Indonesian Trademark Office against its client’s trademark applications, namely “COSMECCA” in class 03 & "BENVI" in class 36. The "COSMECCA" and "BENVI" marks are well-known marks owned by leading companies from South Korea and Brazil. “MECCA COSMETICA” & "BON-V", the earlier filed trademarks in classes 03 & 36, were used as the basis for the permanent refusals.
“At first, we were disappointed. Permanent refusals mean that we have failed on arguing against the previously issued provisional refusals. Nevertheless, the refusals enabled us to draft sharper arguments to be poured in our appeals. Thankfully, the results are satisfying this time,” said Damar Swarno Dwipo (lead partner). It is indeed satisfying for both DLBP team and the clients since the Indonesian Trademark Appeal Commission, at the end, concluded that “COSMECCA” and “MECCA COSMETICA” & "BENVI" and "BON-V" are not substantively similar, and registration of the marks shall not cause public confusion.
“In the field of Intellectual Property, it is common for applications to be refused although specific measures have already been done to reduce the risks of refusal. Therefore, the wisdom on how to overcome it (refusal) is one of the most important skills that has to be owned by an Intellectual Property Attorney,” he added.