Nowadays, you must know various information related to the flow of trademark registration so that you can follow it more calmly and successfully until you get the right certificate. Because, it cannot be denied that the flow is also quite long and complicated. If you want to know about the details for registering a trademark to consider taking care of it yourself or using a service, let’s see the full article below.
Flow of Local Business Trademark Registration
Currently, those who can apply for brand registration are not only local entrepreneurs or brand owners, but also international. First, let’s discuss the flow of brand registration for local or domestic businesses first. Which, so that you can get a certificate of rights to the brand or brand, the following requirements and flow of brand registration that need to be understood and followed, among others:
1. Prepare Complete Submission Requirements
In order to apply for brand registration, please prepare a number of documents or letters below:
- Prepare the label or etiquette of the trademark to be registered to legalize its ownership.
- Prepare your signature as the applicant.
- For MSME entrepreneurs, prepare a Certificate of SMEs Assisted by the Office (original) or a Letter of Recommendation for Assisted SMEs. In both letters, make sure to include information on the name, position, and organizational unit of the signatory; the name of the applicant, and the address of the applicant.
- MSME Statement Letter that has used stamp duty, specifically for applicants in the MSME sector. It contains a statement that the letter attached is correct and willingness to accept action if it turns out that the letter is fake or incorrect.
2. Follow the Flow of New Local Business Brand Registration
If you have prepared all the required documents or signatures, then please follow the registration flow below:
- Create your account on https://merek.dgip.go.id/ so you can register later.
- After successfully creating an account, please log in first on the menu on a similar page
- Find the Online Application menu, click on it to be directed to the submission page.
- When you have selected the Online Application, choose your application type enter all the information in the Applicant Data section.
- If you make an application through a proxy or service, then fill in the special column for proxy
- If you also have priority rights to the brand, the next trademark registration flow please also fill in the column
- Enter all information related to brand data, including details
- Click Add to enter class data, which relates to General or MSE classes
- Upload attachments of all required documents by selecting the Add option.
- Dizzy? Complicated? Consult your brand registration with Contract Law
After following all the steps above, please wait for a few months because it has to pass the formality check, announcement, substantive check, registered, until you get a certificate.
Flow of Trademark Registration for International
For those of you who are applying for an international mark, the application is filed with the International Bureau with the help of the Directorate General of Intellectual Property Rights (HAKI). Since the filing is done internationally, everything will be done in English. Another name for the filing in this trademark registration flow is the Madrid Protocol.
1. Requirements that must be completed
When you want to apply, you have to fill out a number of forms. In general, the requirement is to fill out Form MMA2. If you are in the European Union, then also fill out the MM17 form. While specifically for the United States using Form MM18. If you are confused about the guidelines or document forms, please check directly on the DJKI website. Later there will be subject requirements and object requirements, where the details are:
- Requirements for subjects who can apply: Indonesian citizens, have domicile or legal seat in the Republic of Indonesia, and have real commercial or industrial business activities in the Republic of Indonesia.
- Object requirement: an application can only be made if the Applicant already has an Application or National Registration at the DGKI.
2. Follow the Flow of International Trademark Registration
In general, some of the steps you will need to go through when you want to make this international application are:
- The applicant must apply for international registration under the condition that it must have a base mark that is applied for registration or registered in Indonesia.
- The DJKI is in charge of checking the validation and certification of your registration application internationally. After that, they are also the ones who send it to WIPO (World Intellectual Property Organization).
- WIPO will then check a number of important matters such as formalities, record and make an announcement of the registration application on the registration list, issue a registration certificate, and send it to the applicant’s destination country.
- The brand office of the destination country, this is where the selection process according to their procedures.
You should know that the scope of this protection is determined based on the results of the substantive examination. This is the same as the National Law of the destination country with the longest period being 12 to 18 months. Not only one country, you can also apply to several destination countries. But keep in mind that all of these selected countries must have registered or joined the WIPO membership with the International Bureau intermediary. When you check back all the other stages and procedures, it is clear that everything must be time-consuming if done independently. Therefore, please entrust it to Contract Law who has experience in this field. We have been trusted by many clients because we apply the principles of trusted, easiest, and fastest. That way, there is no longer a reason for you to hesitate in using Legal Contract services to simplify the brand registration flow local or international.
