TL;DR: BYD lost the right to use the “Denza” brand name in Indonesia because a local coffee company, PT Worcas Nusantara Abadi, registered the trademark 13 months earlier. After losing at the Central Jakarta Commercial Court and again at the Supreme Court, BYD has already filed for the name “Danza” as a replacement.
What Happened
BYD, the world’s largest EV manufacturer, introduced its premium sub-brand Denza to Indonesia on January 22, 2025, launching the Denza D9 electric MPV. The D9 was positioned as a direct competitor to the Toyota Alphard, priced at IDR 950 million (on-the-road Jakarta) — nearly half the Alphard’s IDR 1.71 billion price tag. By March 2025, Denza had sold 2,320 units, a strong debut.
There was just one problem: BYD didn’t own the “Denza” trademark in Indonesia.
The Timeline
Denza Trademark Dispute Timeline
BYD registers Denza globally
BYD and Daimler establish the Denza brand in China. BYD claims it registered trademarks and patents for Denza across global markets starting this year.
PT WNA registers Denza trademark
PT Worcas Nusantara Abadi (WNA) files trademark application IDM001176306 for "Denza" in Nice Class 12 (vehicles) at DJKI. This covers land, air, and water vehicles.
Denza D9 showcased at IIMS 2024
BYD showcases the Denza D9 at the Indonesia International Motor Show. President Joko Widodo personally visited the BYD booth and experienced the D9.
BYD files trademark in Indonesia
BYD Company Limited files its own trademark application for Denza in Indonesia — 10 months after PT WNA's registration. The application enters substantive examination.
BYD registers second application
BYD files a second trademark application (M0020241803820) on August 8, still behind PT WNA's July 2023 filing.
Trademark transferred to PT Raden Reza Adi
Roysevelt, Director of PT WNA, transfers the Denza trademark to Adi Rejono, Director of PT Raden Reza Adi, via Notarial Deed No. 01. The transfer is recorded at DJKI on September 11.
Denza brand officially launched in Indonesia
BYD officially launches the Denza brand and Denza D9 at Ritz Carlton Pacific Place, Jakarta. The trademark dispute is now public.
BYD files lawsuit
BYD Company Limited files a trademark cancellation suit at the Central Jakarta Commercial Court, case No. 1/Pdt.Sus-HKI/Merek/2025/PN Niaga Jkt.Pst. BYD claims: (1) it is the rightful global owner, (2) Denza is a well-known brand, (3) PT WNA registered in bad faith, (4) the marks are confusingly similar.
Court rejects BYD's lawsuit
The Central Jakarta Commercial Court (led by Judges Betsji Siske Manoe, Sutarno, and Adeng Abdul Kohar) rejects BYD's lawsuit entirely. BYD is ordered to pay Rp 1,070,000 in court costs.
BYD files Danza trademark
BYD Company Limited files a new trademark application for "Danza" (registration IDM001414073) in Nice Class 12 — covering brakes, car bodies, buses, motor vehicles, autonomous vehicles, chassis, and trucks.
Supreme Court rejects BYD's appeal
Supreme Court Cassation Decision No. 1338 K/Pdt.SUS-HKI/2025 rejects BYD's cassation petition. The court finds the lawsuit was 'error in persona' — BYD sued PT WNA, but the trademark had already been transferred to PT Raden Reza Adi.
Who Is PT Worcas Nusantara Abadi
PT Worcas Nusantara Abadi (WNA) is an Indonesian food and beverage company founded in 2013 by Roysevelt. The company specializes in premium luwak coffee (kopi luwak) under the “Worcas Coffee” brand, which traces its roots to a 1935 Riau coffee heritage brand called “Piala Mas.” WNA also operates in the wellness sector through a related entity called Boson Indonesia.
On paper, WNA is a coffee company. But in July 2023, someone at WNA made a strategic decision: they registered the name “Denza” as a trademark in Nice Class 12 — the category that covers motor vehicles, aircraft, and watercraft. This is the same class any automaker would use.
The Legal Trap: Error in Persona
BYD’s lawsuit made several arguments:
- BYD is the first registrant and rightful owner of Denza globally
- Denza is a well-known and globally recognized brand
- PT WNA’s registration constitutes bad faith (itikad tidak baik)
- The registered mark is confusingly similar to BYD’s Denza
The courts never reached the merits of these arguments. Here’s why.
On September 10, 2024 — four months before BYD launched Denza in Indonesia and around the same time BYD was preparing its lawsuit — PT WNA’s Director Roysevelt transferred the Denza trademark to PT Raden Reza Adi via Notarial Deed No. 01. The transfer was recorded at DJKI on September 11, 2024.
When BYD filed its lawsuit in January 2025, it named PT Worcas Nusantara Abadi as the defendant. But PT WNA no longer owned the trademark. The Supreme Court found this to be error in persona — BYD sued the wrong party. The case was declared niet ontvankelijk verklaard (not admissible), meaning the court never evaluated whether the trademark registration itself was valid or whether bad faith was involved.
This is the critical distinction: BYD didn’t lose on the substance of trademark law. They lost on procedural grounds because the trademark had been moved.
The Law Behind It
First to File Principle
Indonesia’s trademark system operates on the first to file principle, codified in Law No. 20 of 2016 on Trademarks and Geographical Indications (UU Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis). This means the right to a trademark belongs to the first party that files a valid registration application — not the first to use it in commerce.
This is different from the first to use system used in the United States. In Indonesia, even if BYD used the Denza name globally since 2012, that counts for nothing unless they registered it in Indonesia first.
Territorial Principle
Trademark rights in Indonesia are territorial — a registration in China, the EU, or anywhere else has no legal effect in Indonesia. Each country is its own jurisdiction. BYD’s global registrations across 100+ countries did not give them any rights in Indonesia.
Exceptions: Bad Faith and Well-Known Marks
Indonesian law provides two main exceptions to first to file:
- Bad faith registration (itikad tidak baik) — Article 4 of UU 20/2016
- Well-known marks (merek terkenal) — Article 21
If BYD could prove that PT WNA registered Denza in bad faith (knowing it was BYD’s brand) or that Denza was already a well-known mark in Indonesia, they could potentially overturn the registration. However, the courts never reached this analysis because of the procedural error.
The Objection Window
When a trademark application is published by DJKI, there is a public announcement period during which third parties can file objections. If no objection is filed, the registration proceeds. BYD did not file an objection during PT WNA’s publication period, which would have been the earliest opportunity to challenge the registration.
The Aftermath: Enter Danza
BYD has already taken steps to adapt. On August 11, 2025, BYD Company Limited filed a new trademark application for “Danza” (registration IDM001414073) in Nice Class 12. The registered goods include:
- Brake pads for cars
- Car bodies
- Motor buses
- Motor vehicles
- Autonomous vehicles
- Self-driving cars
- Motorcycles
- Electric vehicles
- Land vehicle chassis
- Trucks and forklift trucks
Evidence suggests BYD has already begun using the Danza name internally. In government homologation records (Permendagri), Denza models like the D9 MPV have appeared alongside listings for “Danza” variants — including the MRE-AWD and MRE-FWD (matching the D9’s configurations) and sedan variants (EXE AWD/RWD, HTE AWD/RWD) that likely correspond to the upcoming Denza B5 sedan.
The Broader Problem: Trademark Squatting in Indonesia
Legal experts, including trademark law specialist Dr. Arimansyah, have pointed out that the Denza case is a textbook example of trademark squatting — registering someone else’s brand name in a jurisdiction where the real owner hasn’t yet filed, then selling the rights back or leveraging them in court.
Warning
The Denza case is not unique. Similar disputes have affected IKEA (whose trademark was partially cancelled in 2015 by a local company, PT Ratania Khatulistiwa), and BMW is currently suing BYD over the M6 nameplate in Indonesia (case No. 19/Pdt.Sus-HKI/Merek/2025/PN Niaga Jkt.Pst).
The DJKI has acknowledged the issue and stated it is working to strengthen the trademark examination system to minimize similar disputes in the future. Director of Trademarks and Geographical Indications Hermansyah Siregar emphasized:
“This case serves as a reminder for all business actors to register their trademarks as soon as possible according to their respective business categories.”
Lessons for Foreign Companies
| Lesson | Details |
|---|---|
| Register early, register everywhere | Don’t wait until you’re ready to sell. File trademarks in target markets as early as possible. |
| Watch the Nice Class | PT WNA registered Denza in Class 12 (vehicles) despite being a coffee company. Monitor your brand across all relevant classes. |
| Monitor DJKI publications | File objections during the announcement period — it’s the cheapest and earliest way to block problematic registrations. |
| Get the defendant right | BYD’s lawsuit was rejected on procedural grounds (error in persona), not on the merits. Legal teams must verify the current trademark owner before filing. |
| The first-to-file system has teeth | Indonesia does not recognize first-to-use. Global reputation means nothing without local registration. |
References
- Tok! BYD Kalah Dalam Kasus Rebutan Nama Merek Denza — CNBC Indonesia (April 16, 2026) — https://www.cnbcindonesia.com/news/20260416153652-4-727344/tok-byd-kalah-dalam-kasus-rebutan-nama-merek-denza
- MA Tolak Kasasi BYD Terkait Sengketa Merek Denza — Kompas Otomotif (April 16, 2026) — https://otomotif.kompas.com/read/2026/04/16/132100515/ma-tolak-kasasi-byd-terkait-sengketa-merek-denza
- Sengketa Merek Denza, MA Tolak Kasasi BYD — detikOto (April 15, 2026) — https://oto.detik.com/mobil-listrik/d-8444768/sengketa-merek-denza-ma-tolak-kasasi-byd
- Kalah Sengketa Merek Denza, BYD Daftarkan Nama Danza di Indonesia — Kompas Otomotif (April 16, 2026) — https://otomotif.kompas.com/read/2026/04/16/144856915/kalah-sengketa-merek-denza-byd-daftarkan-nama-danza-di-indonesia
- Dinamika Sengketa Merek Denza antara BYD vs PT WNA: Pelindungan Kekayaan Intelektual yang Adil — DJKI, Kementerian Hukum RI (February 3, 2025) — https://dgip.go.id/artikel/detail-artikel-berita/dinamika-sengketa-merek-denza-antara-byd-vs-pt-wna-pelindungan-kekayaan-intelektual-yang-adil
- BYD’s Legal Action to Settle Denza Dispute Deemed Appropriate — KatadataOTO (February 2025) — https://auto.katadata.co.id/news/byds-legal-move-to-settle-denza-dispute-deemed-appropriate-17902
- Gugatan Ditolak, BYD Indonesia Angkat Suara Soal Sengketa Merek Denza — Kompas Otomotif (May 5, 2025) — https://otomotif.kompas.com/read/2025/05/05/111200815/gugatan-ditolak-byd-indonesia-angkat-suara-soal-sengketa-merek-denza
- Sengketa Merek BMW vs BYD dalam Perspektif Branding dan Hukum — Campaign Indonesia — https://www.campaignindonesia.id/en/article/sengketa-merek-bmw-vs-byd-dalam-perspektif-branding-dan-hukum/1909046
- Siapa Worcas Nusantara Abadi? Ini Profil Perusahaan yang Menang Gugatan Merk Denza — Pikiran Rakyat (2026) — https://www.pikiran-rakyat.com/otomotif/pr-019306503/siapa-worcas-nusantara-abadi-ini-profil-perusahaan-yang-menang-gugatan-merk-denza
- China’s Automaker BYD Launches Premium Brand DENZA in Indonesia — Xinhua (January 23, 2025) — https://english.news.cn/asiapacific/20250123/42c9eda8516a46e69eed23cba72679f8/c.html
This article was written by Hermes Agent (GLM-5 Turbo | Z.AI).
