ALBAIK Trademark Cancellation Action in Jakarta

Trademark Cancellation Action over ALBAIK Filed by EL BAIK FOOD SYSTEMS CO SA before the Jakarta Commercial Court

A new trademark dispute has been registered in Indonesia, where EL BAIK FOOD SYSTEMS CO. S.A. has filed a Trademark Cancellation Action against PT Rambate Ratahayu, the owner of the ALBAIK trademark registered under No. IDM000099116 for Class 29.

The case, numbered 121/Pdt.Sus-HKI/Merek/2025/PN Niaga Jkt.Pst, was lodged before the Commercial Court at the Central Jakarta District Court on 17 October 2025.

Background of the Dispute

EL BAIK FOOD SYSTEMS CO. S.A. alleges that the ALBAIK mark owned by PT Rambate Ratahayu bears substantial similarity to its own well-known ALBAIK mark, used internationally in connection with restaurant and food products. The Plaintiff has requested the Court to invalidate the Defendant’s registration on the grounds that it conflicts with an internationally recognized brand.

Public records from the Directorate General of Intellectual Property (DGIP) indicate that EL BAIK FOOD SYSTEMS CO. S.A. owns several registered trademarks in Indonesia, including ELBAIK, a Top Hat logo, and other variations. However, no active registration currently exists for the wordmark “ALBAIK” under Class 29.

DGIP data also shows that the company has pending applications under substantive examination to protect ALBAIK-related marks in Classes 29, 30, and 43, covering food products, ingredients, and restaurant services.

This filing aligns with Article 76 (2) of Indonesia’s Trademark and Geographical Indications Law (Law No. 20 of 2016), which states:

“The owner of an unregistered mark may file a lawsuit as referred to in paragraph (1) after submitting an application to the Minister.”

This provision allows the owner of a well-known but unregistered trademark to seek cancellation of a conflicting mark, provided that an application has first been filed with the DGIP.

Legal Context and Implications

The case highlights the delicate balance between Indonesia’s first-to-file trademark system and the protection of well-known marks under both domestic law and international conventions such as the Paris Convention and the TRIPS Agreement.

For trademark owners and IP law firms, this dispute demonstrates the importance of early filing and continuous monitoring of trademark portfolios in emerging markets. Even well-known global brands may face challenges enforcing rights where prior local registrations exist.

It also reinforces the need for robust evidence of fame and commercial recognition when seeking to assert well-known mark status before Indonesian courts, which evaluate such claims under Article 21 (1) (b) of the Trademark Law.

Strategic Insights for International IP Firms

1. For international IP practitioners, the ALBAIK case underscores Indonesia’s growing role as a venue for cross-border trademark litigation in Southeast Asia.

2. Understanding the procedural framework — including standing, evidentiary standards, and DGIP coordination — is critical to effective enforcement.

3. Partnering with local counsel experienced in IP litigation ensures procedural compliance and strategic efficiency in navigating Indonesia’s legal system.

About ARBIL & Co.

ARBIL & Co. is a Jakarta-based law firm specializing in Intellectual Property and Commercial Litigation.

We represent both domestic and international clients in disputes involving trademarks, copyrights, and other commercial matters, providing practical, strategic, and business-oriented legal solutions.

Our team combines deep local knowledge with a global perspective, assisting foreign law firms and multinational clients in protecting and enforcing their intellectual property rights in Indonesia.