The combined entity of Gojek and Tokopedia, GoTo, faces trademark dispute. Terbit Financial Technology last Tuesday (2 November) filed a lawsuit against GoTo in the Central Jakarta Commercial Court, suing the tech company for Rp 2.08 trillion. 

Terbit Fintech claims that it is the sole owner and holder of the legal rights to “GOTO” brand and all of its variants, citing that the terms “GOTO”, “goto” and “goto financial” used by Gojek-Tokopedia are similar with its brand.

Terbit Fintech also stated that Gojek-Tokopedia violated the rights to its “GOTO'' trademark which was registered under Number: IDM000858218 at the Directorate General of Intellectual Property. 

Based on the Intellectual Property Database (PDKI) website, Gojek-Tokopedia’s GoTo trademark was filed under several goods and services classes. One of them is Class 42. Terbit Fintech’s GOTO is also registered under Class 42.

Terbit Fintech’s mark was filed last year and it has been approved. The tech giants’ application for Class 42, on the other hand, is awaiting further confirmation due to the lawsuit.

According to the Trademark Classification System, goods and services under Trademark Class 42 pertain to research and technological services and research and design relating thereto; industrial analysis and research services, as well as design and development of computer hardware and software. 

The Trademark Law allows a company or anyone to use a similar name as long as it is registered under a different class of goods and services. For instance, GoTo’s application for Class 38 and Class 33 will not result in any legal dispute as long as no other company or individual filed for the mark GoTo under those classes earlier than Gojek-Tokopedia’s GoTo.

The law also stipulates that the court is allowed to cancel the trademark of a company or individual who doesn’t launch or run the business within three years after applying for the trademark.

Terbit Fintech demands that Gojek-Tokopedia pay Rp1.8 trillion of compensation on top of Rp250 billion immaterial compensation. The company also asked Gojek-Tokopedia to pay up to Rp1 billion for each day of delay in carrying out the ruling in this case.

GoTo Group VP for Public Affairs Astrid Kusumawardhani told Bisnis.com last Sunday (7 November) that the group is investigating this issue and they will always “comply with the regulations that apply in Indonesia and will respect the ongoing process”.