Indonesian Court Annuls “BOM Beauty of Majesty” Trademark

Indonesian Commercial Court Annuls “BOM Beauty of Majesty” Trademark

The Central Jakarta Commercial Court, through Decision No. 86/Pdt.Sus-HKI/Merek/2025, has reaffirmed Indonesia’s commitment to protecting international trademark owners from trademark squatting and unauthorized use. The dispute between BSTARLIT Co., Ltd., the owner of the cosmetic brand “BOM”, and the party who registered “BOM Beauty of Majesty” in Indonesia illustrates how the court interprets the principles of well-known marks, substantial similarity, and bad faith in trademark filings.

As one of Southeast Asia’s key jurisdictions, Indonesia continues to strengthen its protection standards in alignment with global practices. This ruling serves as a strategic precedent for international brand owners seeking to secure and expand their trademark portfolios in Indonesia.

Background of the Dispute and Parties’ Positions

BSTARLIT Co., Ltd. has marketed the “BOM” brand globally and holds registrations in major jurisdictions, including the United States, the European Union, Japan, South Korea, and China. Its commercial use, global marketing strategy, and market expansion demonstrate the strong international reputation of the “BOM” brand within the cosmetic industry.

When another party registered “BOM Beauty of Majesty” in Indonesia for similar goods, the Plaintiff filed a cancellation action. Their arguments focused on the identical use of the dominant element “BOM” and the highly similar composition of the mark, suggesting an attempt to unlawfully capitalize on “BOM”’s established reputation. The lawsuit was filed under the legal framework of Indonesia’s Law No. 20 of 2016 on Trademarks and Geographical Indications.

Court’s Assessment of the Well-Known Mark Status

The Court evaluated the fame of the “BOM” mark using objective parameters set out in the Trademark Law and technical guidelines issued by Indonesia’s IP Office (DGIP). The brand’s international reputation, cross-border registrations, marketing intensity, and public recognition of “BOM” products were critical determinants.

This approach aligns with international standards such as the WIPO Joint Recommendation on Well-Known Marks, which acknowledges that consistent global reputation can justify protection in other jurisdictions, including Indonesia. Based on this, the Panel concluded that “BOM” qualifies as a well-known trademark entitled to enhanced legal protection.

Analysis of Substantial Similarity

The judges compared the marks visually, phonetically, and conceptually. The identical “BOM” element in both marks was deemed the dominant and distinctive feature. The similarity was considered intentional and likely to mislead consumers, thereby diluting the essential function of the trademark as an indicator of origin.

This analysis supported the conclusion that the Defendant’s registration exceeded the permissible threshold of similarity under the Trademark Law.

Bad Faith as Grounds for Cancellation

The application of the bad faith doctrine became the decisive factor in this ruling. The Court found that the Defendant did not intend to build a new brand identity but instead aimed to exploit the pre-existing reputation of “BOM”.

Under Article 21 (3) of the Trademark Law, a trademark registration may be cancelled if it is filed with the intention to imitate, harm the owner of a well-known mark, or secure unfair advantage. The Court concluded that these elements were fulfilled.

This interpretation reflects global approaches to combating trademark hijacking and strengthens Indonesia’s position as a jurisdiction increasingly firm in protecting legitimate brand owners.

Court Orders and Administrative Consequences

The Court ruled, among others, to:

• annul the trademark registration IDM001214664 “BOM Beauty of Majesty”, and

• order DJKI to remove the registration from the General Trademark Registry.

Implications for International Trademark Owners

This decision carries significant implications for global brand owners operating in, or planning to enter, the Indonesian market.

Well-known trademarks may obtain protection in Indonesia even without extensive local commercialization, as long as their global reputation can be substantiated. Indonesia’s stance against trademark squatting continues to strengthen, but cancellation proceedings still require comprehensive evidence and a well-prepared legal strategy.

Proactive registration in Indonesia remains the most effective protection strategy, especially for companies pursuing regional or global expansion.

As an Intellectual Property law firm, ARBIL & Co. provides end-to-end legal support, including trademark clearance and risk assessment, multi-jurisdictional filing strategies, preparation of strong evidentiary documentation for disputes, trademark cancellation litigation, and market monitoring to detect and prevent trademark squatting. This approach ensures that both domestic and international clients receive optimal protection aligned with global best practices.

The annulment of “BOM Beauty of Majesty” offers a clear view of the evolving landscape of well-known mark protection in Indonesia. The Court’s stance reinforces confidence in Indonesia as a jurisdiction committed to serious and consistent trademark enforcement.

For further discussion or consultation regarding Intellectual Property protection in Indonesia, you may contact ARBIL & Co. at info@arbil.co.id. Our firm is ready to assist with comprehensive analysis, strategy, and legal support.