The Fate Of The Giant Logo In Indonesia.

All Giant Supermarket outlets in Indonesia have been permanently closed since the end of July 2021 yesterday. As of August 1, 2021, there are no longer any Giant Supermarket outlets operating. Meanwhile, all remaining items that are damaged and not sold until the end of last July will be destroyed by the management. How about the Giant Supermarket logo?

The company logo has an important role for the continuity of the business. Logo is the image of the company so that it can be easily recognized by the public.

It is described in Article 1 Point 1 of Law no. 20 of 2016 concerning Marks and Geographical Indications (UU MIG) that a Mark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) ) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to distinguish goods and/or services produced by persons or legal entities in the activities of trading goods and/or services. According to this explanation, a company logo can be referred to as a company’s brand.

Although it has been operating since 2002, the protection of the Giant Supermarket brand according to the website of the Directorate General of Intellectual Property (DJKI) has only been protected since August 26, 2004 and will end on August 26, 2024.

What you need to know, the manager of Giant Supermarkets in Indonesia is PT. Hero Supermarket Tbk (HERO), but the owner of the Giant Supermarket registered with the DJKI is DFI International Brands Limited (Bermuda). Therefore, the holder of the trademark rights belongs to DFI International Brands Limited.

DFI International Brands Limited, also registered a new logo for Giant Supermarket inspired by mangoes on March 6, 2020. This logo change occurred before it was known that Giant Supermarket would close all its outlets in Indonesia.

According to Article 35 paragraph (1) of the MIG Law, a registered mark gets legal protection for a period of 10 (ten) years from the date of receipt. Therefore, the protection period for the new Supermarket Giant logo will end on March 6, 2030.

Although the protection period for the Giant Supermarket brand in Indonesia ends in 2030 and is unlikely to be extended, the new and old Giant Supermarket logos cannot be used by other parties. Because it is listed as a Famous Brand ( Well-Known Mark ). Plus, the two logos are still registered on the DJKI website.

According to Article 2 paragraph (1) letter b Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks , for a Mark to be said to be a Famous Mark are:

1. level of knowledge or brand recognition in the relevant sector from the public;
2. the duration, extent and geographical area of ​​each use of the mark;
3. the duration, extent and geographic area of ​​any promotion of the brand, including advertising or publicity and presentation, at exhibitions, of such goods and/or services bearing the mark;
4. the duration and geographic area of ​​any registration, and/or any application for registration of a mark, to the extent that it reflects the use or recognition of the mark;
5. a record of successful enforcement of trademark rights, in particular the extent to which the mark has been properly recognized by the competent authority;
6. brand value.

Because Giant Supermarkets already exist in several countries, and have been recognized as a shopping sector that exists in the public, so even though the logo is no longer protected in Indonesia, it still cannot be registered by other parties because it is already a well-known brand.

Am Badar & Am Badar as Intellectual Property consultants in Indonesia, have helped many clients both at home and abroad in guaranteeing Intellectual Property rights in Indonesia. If Partners have a similar problem or want to make sure that the company’s logo has not been violated by other parties, don’t hesitate to contact us at marketing@ambadar.co.id. Our experienced consultants will be happy to assist you.

Source:

1. dgip.go.id (accessed on August 4, 2021)
2. wipo.int (accessed August 5, 2021)
3. Law No. 20 of 2016 concerning Brands and Geographical Indications