Trademark is one of the product identities of goods or services that are useful for marketing and circulating a business or business. Therefore, trademarks must be legally legalized by registering them with the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights so that there is no plagiarism and business actors can have trademark rights. Well, is Friend KH one of the business actors who want to register a trademark with the DJKI? If so, then KH pals must first check the brand, whether it is already owned or registered by another party or not, so as not to use an existing or similar brand name. Then, how to check whether the trademark has been registered or not?
Trademark Check Online
Trademark checking can be done easily online. Where the DJKI has a trademark check service feature that has been registered and can be accessed through the official DJKI website. To do so, KH pals can follow these steps:
- Open https://pdki-indonesia.dgip.go.id/ in your browser
- Click on the Brand menu
- Enter the trademark name of goods or services
- Click Check
- Results will show whether or not the trademark has been registered.
If there is no brand that you write down, then the brand name may not be registered and you can use it in your business. On the same page, KH friends can also check brand patents, industrial designs, copyrights, and geographical indications.
Trademark Check Through DJKI Hotline
In addition to doing it online, KH friends can also check the trademark through the DJKI hotline at number 152. Ask directly about the trademark you want to know, as well as other provisions regarding trademark rights with the officer.
Benefits of Trademark Checking Before Registering
Although trademark checking is not mandatory, it should not be missed by businesses before registering their trademarks. Well, maybe Friend KH is wondering, what exactly are the benefits of checking the trademark before registering to the DJKI? In general, trademark checking has the following benefits:
- Knowing whether the brand owned by KH Friend can be registered or not
- Avoiding rejection when applying for registration or lawsuits filed by other parties because of the similarity of trademarks that have been registered.
- Given the length of the trademark registration process. Rather than KH Friend has done the registration but in fact the registered trademark has been owned by another party, it is better to check in advance so as not to waste time and money.
What if you use a trademark that is already registered?
As mentioned, if the trademark you are checking has not been registered, you can use it by registering with the DJKI Kemenkumham. However, if the trademark you want is already owned by another party, you should not take the trademark. If you still want to use a trademark that has been registered, get ready to bear the consequences. Where you could be sued by the legitimate owner of the trademark with a fine of up to Rp2 billion or a maximum criminal penalty of five years. This is in accordance with the provisions in Article 100 paragraph 1 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications. That’s just the legal liability, not to mention the business and consumer perception issues. It could be that you are hurting your own business reputation if consumers know that the trademark used is plagiarized.
READ ALSO: Don’t make a brand carelessly to avoid being sued!
That is the explanation of the importance of trademark checking before doing business. Actually, trademark checking is very easy to do, isn’t it? Remember, it is very mandatory for business actors to do this first before patenting their own trademarks to the DJKI.
KH Contact
Apart from going through the official DJKI website, if you are having trouble, you can check your trademark by contacting Kontrak Hukum. Only for a fee starting from IDR 400 thousand, we can help you to process trademark registration through the trademark check process first! For more information, immediately visit the page https://kontrakhukum.com/kekayaan-intelektual/ or contact us via the following link Ask KH.
