Who does not know Donald Trump, his real name is Donald John Trump that now have opponents business in Indonesia, the two mutually hostile fight the Trump trademark in Central Jakarta Commercial Court, a successful entrepreneur and businessman from the United States objected his name used by Indonesian businessman Robin Wibowo.

The owner of The Trump Organization filed suit for cancellation Trumps trademark that has been registered in the Trademark General Register with Register Number IDM000252416 class 35 belongs to Robin Wibowo for the type of goods shops;-store building materials,-department stores, shops ceramic / parakeet, service provision and sale of material goods, department stores, advertising services / advertising, procurement services, auction services, services artist management business, import export agency services, supplier services, commercial information agent services, sales promotion services, supermarkets, service distributors, demonstration of goods and clothing services, services - services as a model for advertising or sales promotion, exhibition services for commercial purposes or advertising, organization of trade market for advertising and commercial, public relations services, employment agency services, boutiques, factory outlets, outlet clothes, mini market, furniture store, furniture stores, store lights and decorative antique lamps, antique watch store.

The owner of Miss Universe organization is claiming to be a famous person in the world, not only as a successful businessman in the country, Trump also appears frequently in tv and starred in several films such as Home Alone 2, The Nanny, and guest starred events talk show, Trump was also the executive producer and host of The Apprentice.

As an entrepreneur who almost all business use of his name, TRUMP also has registered trademarks which are part of its name as well as Donald Trump or TRUMP, in his origin country, USA Trademark TRUMP has been registered since 20 April 1999, even in Canada Trump trademark registered from the date of July 26, 1932 and in some other countries of the world such as Indonesia, Australia, Japan, New Zealand, Russia, Thailand and Ukraine.

Cancellation lawsuit filed by Trump trademark started from when he was trying to register the trademark to DG IPR TRUMP, Trump who wanted to expand the legal protection of the trademark in Indonesia TRUMP, apply for TRUMP registration in class 35 on December 30, 2010 agenda number J002010047826, he just knew when the application for registration of trademark TRUMP hindered by Registers Number IDM000252416 of Trumps trademark belongs Robin Wibowo.

In Indonesia, the trademark owned by Donald Trump, TRUMP has also been registered in class 43 with Register No. IDM000275364. and DONALD TRUMP trademarks Register No. IDM000355706 in class 43, which has also been registered Trumps trademark class 43 Register. No. IDM000223109 on behalf of Robin Wibowo for similar types of services.

Trump also claims that his 'famous' name has been recognized by the Directorate General of IPR itself. The proof, Directorate General of IPR had issued a Notice of Objection Trademark No. HKI.4HI.06.01.PO Assessment dated June 28, 2013. This letter is the result of Donald Trump objections raised against D TRUMP trademark registration application filed by Ricky Ahluwalia.

Besides Robin Wibowo as the owner of Trumps trademark, DG IPR were also dragged as the second defendant in this case. Meanwhile, in the file's response to the lawsuit, the Directorate General of Intellectual Property Rights of the Ministry of Justice and Human Rights judge Donald Trump exaggerated claims. According to the Directorate General of Intellectual Property Rights, Trumps trademark belongs to Robin Wibowo has been consistent with applicable regulations so that similarities with Trump owned by Trump Donald is too overwhelming.

Robin Wibowo as the defendant party I did not attend the hearing despite properly called. Court then will call back through the mass media.

The trial court with the Chief Judge Kustopo Bambang will resume Friday, January 3, 2014 with the agenda is dialing defendant I.

Sources: kontan online, kompas.com, detik news, hukum online, saranainfo.com

Law Analytical :

Trademark is important in the world of industry and commerce, the function of a trademark is to differentiate between the goods or services to one another, as a mark to distinguish the origin, the image and reputation of a good or service, the trademark also serves as a means of promotion. For consumers with more diverse goods and services that are on the market can be known by the trademark quality and the origin of the goods.

Trademark infringement as impersonation, forgery or has hitchhike famous trademark, its real background is the competition fraudulent or dishonest competition conducted by operators.

Trademark protection against force per state (territorial) are given upon request by the trademark owner. Trademark Protection in Indonesia also adheres to the principle of Constitutive, where protection is given to the first registrants (first to file) instead of the user who first (first to use) Referring to the positive law in Indonesia, especially Law. 15 of 2001 on Trademarks, Indonesia is a country which adheres to a first to file system perndaftaran, it means the right to a trademark given to those who register the first time.

Therefore, when viewed from the date of submission of application for registration of trademark and trademark under Article 6, paragraph 1, letter a petition must be rejected by the Directorate-General if the trademarks have similarities substantially or wholly owned by another party trademarks that have been registered in advance for goods and / or services similar, based on the terms of the application for trademark registration filed TRUMP dated December 3, 2010 Agenda No. J002010047826 classes 35 belongs to Donald Trump may be blocked or rejected for having its registered Register No. IDM000252416 Trumps trademark belongs to Robin Wibowo filed on December 6, 2012.

With the filing of the lawsuit Trumps trademark with Register No.. IDM000252416 class 35 belonging to Robin Wibowo since been hitchhike the trademark fame TRUMP and DONALD TRUMP, TRUMP trademark hopes plaintiff who filed on December 3, 2010 with Agenda No. J002010047826 class 35 can be registered in the General Register.

According to Article 6, paragraph 1, letter b, which reads; application should be rejected by the Directorate-General if the trademark has a substantially or wholly similarities with well-known trademarks belong to other parties for goods and / or services.

Actually the definition of well-known trademark is not mentioned clearly in both the Act and the provisions of other trademarks that specifically regulates the famous trademark. In the explanation of Article 6 (b) of Act No.. 15 Year 2001 About Trademark mentioned that criteria known trademark among others:

1. General knowledge of the community for the trademark
2. Famous trademark acquired a reputation as a vigorous campaign and massive
3. Investing in some countries in the world by the trademark owner
4. Proof of registration of the trademark in some countries

Many reasons why many businesses utilize well-known trademarks for products or services, one of which is that easy to sell, easy to remember, recognized by consumers and the public do not need to spend millions of dollars to build the image of its products and services. Utilization of well-known trademarks in the present have started to bloom, it is not because of promises great advantages to be gained when using the well-known trademark of the trademark creation own use.

The Famous Trademark criteria based on WIPO (World Intellectual Property Organization) is:

1. Use of the oldest trademark
   
   In order for a trademark can be considered to be a Famous Trademark, according to WIPO takes the use and promotion of long and considerable costs, among others, Coca-Cola, it took almost 100 years, Toyota would take 30 years, and takes 40 years Mc'Donald continually used and promoted on a large scale.



2. Trademarks that have certain characteristics as distinguishing features.
3. Publicized through advertisements, publications or media specific.
4. Have a high reputation and have excellent quality assurance

Famous Trademark criteria based on the principle Reprositas In Paris Convention are:
In accordance with Article 6, paragraph 2 of the Paris Convention which was one of his principles Reprositas Principles, Principle Reprositas in this case meant the reciprocal relationship between member countries of the Paris Convention. Famous Trademark owners are not only demanding that the Trademark is recognized by a state, but as the owner of the Trademark is the trademark that assumes Famous Trademarks should also make a significant contribution to the country, which include the distribution and marketing of products with the Famous Trademarks sufficiently high so as to bring in a real income for the state in the Famous Trademark are protected.

So, it need proof form the trademark owners who claim the trademark is a famous trademark . But if we see the trademark registration system in Indonesia, which adopts First To File , then Robin Wibowo legally have the right to trademark " Trumps " in Indonesia . In this case , in addition to evidence from each side of the famous trademarks and in bad faith , the judges demanded foresight in assessing whether it is evidence of bad faith in the application for registration of the trademark in Indonesia.

It can not be denied almost everyone may know the figure of Donald Trump , an entrepreneur who is not only known in her native United States but also may be known in most of the world even his figure was often seen in the media many times , so it requires a proper analysis of assemblies to assess whether the Trumps trademark owned Wibowo Robin filed on bad faith because hitchhike the fame TRUMP trademark or DONALD TRUMP.

Under Article 6, paragraph 3 an application letter also must be rejected by the Directorate-General if the trademark is or resembles a famous person's name, photograph, or the name of a legal entity that is owned by another person, except with the written consent of the entitled.

When viewed from the provisions of Article 6, paragraph 3 of the above letter a trademark Trumps on behalf of Robin Wibowo it is or resembles Donald Trump's name is based on the TRIPs Agreement and Article 16, Paragraph 1: "The owner of the registered trademark and service has the exclusive right to prevent the use of a sign identical or similar to that worn, by a third party who does not have permission for the goods or services of the same or similar. "

However, if the provisions of these articles can be used as a reason cancellation on behalf of Robin Trumps trademark Wibowo, it takes foresight of the judges in analyzing and investigating the case above.