OREO vs ORIORIO: The Challenges of Owning A Well-Known Trademark

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Turned, licked, dipped, who is unfamiliar with this jingle? OREO, the dark colored biscuits with vanilla cream filling is quite special. The biscuits were produced by Kraft Foods and distributed in Indonesia since 1960. The fame and success of these biscuits encouraged other entrepreneurs to produce similar products with the aim of getting the same success, which in the end became a challenge for Kraft Foods as the creator and owner of the OREO trademark.

In 2010, there was a lawsuit for the cancellation of the trademark registration filed by Kraft Foods Global Brand LLC as the owner of the registered mark “OREO” against the owner of the registered mark “ORIORIO” on behalf of PT. Siantar Top Tbk. In this case, Kraft Foods as the plaintiff stated that OREO is a well-known brand, because apart from being distributed and registered in Indonesia, OREO biscuits are also distributed and registered in several countries in the world. In this case, Kraft Foods in its lawsuit stated that PT. Siantar Top Tbk. has committed bad faith by registering the ORIORIO mark which has similarities with the OREO mark.

Both the OREO and ORIORIO marks at the time this lawsuit was filed were already registered with the Directorate General of Intellectual Property for class 30. If you pay attention, the OREO and ORIORIO marks have similarities in terms of shape, structure or sound. From the looks of it, the words OREO and ORIORIO are both printed in white with a combination of blue and white lines and look like they are embossed. The colors in the packaging used by both are also the same, namely dark blue, light blue and red. In addition, the types of products sold are the same in the form of black cookies with a round shape and a distinctive design with white vanilla filling between the two pastries.

This equation will cause confusion in the community and when you see ORIORIO it will remind you of the OREO brand which is widely known amongst the general public or certain groups. The settlement of this case even reached the level of cassation in the Supreme Court until finally OREO was declared victorious in verdict number 402/K/Pdt.Sus/2011. The verdict stated that the owner of the ORIORIO brand had made a product based on bad faith with the intention of passing off the fame of the OREO brand by making a product with similtarities to OREO. This is evidenced by the fact that the OREO brand was registered and marketed before the ORIORIO brand was introduced. Therefore, the judge who examined this case annulled the ORIORIO mark because it basically has similarities with the OREO mark.

After the abolition of the ORIORIO brand, there are other brands that can compete with OREO, namely GORIORIO and RIARIO. Having a well-known brand is indeed a challenge, because there’s always a risk of being imitated by other parties. Thus, it is necessary to have complete intellectual property protection to maintain it. Do not hesitate to contact Am Badar & Am Badar if you find that your brand has been imitated by others, our consultants will be happy to assist you.

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