On 10 December 2013, the Commercial Court of Central Jakarta accepted Bayerische Motoreen Werke Aktiengesellschafft (BMW)’s cancellation lawsuit against Hendrywo Yuwijoyo who registered the Mark BMW (acronym for Body men Wear) in class 25, on the grounds of bad faith and well known reputation of the trademark BMW. However, on 27 October 2014, the Supreme Court overturned the previous Court decision on the grounds that government regulation concerning well known Marks for different kind of goods and/or services is not yet available. BMW party then filed a review to the Supreme Court which then changed the previous Supreme Court’s decision to dismiss the BMW party’s initial lawsuit and consequently, cancel the appeal decision.

The BMW party claimed well known reputation in classes 7 and 12 and prayed for cancellation over the defendant’s mark in class 25. The Supreme Court, based on Circular Letter of the Supreme Court no. 03/BUA.6/H.S/SP/XII/2015, regulated that cancellation based on well known Marks that are of different kind of goods and/services must be dismissed.