Do you have a business and want to register a trademark with the DJKI Kemenkumham? Please note that in the trademark registration process, KH pals are required to determine the trademark class and type of goods and/or services (subclass) on the trademark registration application form. But in reality, there are still many business actors who are wrong in choosing the trademark class or confusion when determining the type of goods and/or services. In fact, when asked to explain in detail about the product or business being run, businesses only provide a big picture. In fact, the more detailed the explanation of the business being run, the easier it will be in the registration process. Well, this error and ignorance is often a factor in the application for trademark registration is rejected, because the trademark class chosen by the applicant is considered not in accordance with the type of goods and / or services registered. To anticipate this, here is a complete explanation for KH Pals to understand and determine the class of your business brand. Listen to the end, yes!
What is Brand Class?
Trademark class is a grouping or a field of business carried out by the trademark concerned, and becomes a parameter used globally in trademark protection. Internationally, this grouping is derived from the classification system regulated by the Nice Classification, as stipulated in Article 14 paragraph (4) of Permenkumham No. 67/2016 on Trademark Registration. As for Indonesia, it is regulated in Government Regulation No. 24/1993 on the Class of Goods or Services for Trademark Registration and Nice Classification edition 11 of 2018. Trademark class functions as a limitation on the rights granted to the trademark. So, if your brand is registered in Class 1, then other people still have the opportunity to register the same brand name in other classes.
What are the Types of Brand Classes?
Based on Trademark Class Government Regulation No. 24/1993 and Nice Classification edition 11 of 2018, the trademark class consists of 45 types. Each trademark class has a different classification and details of the type of goods/services.
- Class 1-34 (Goods Class): For businesses that sell or own a product in the form of raw materials, unworked and semiworked materials, and finished materials.
- Class 35-35 (Service Class): For businesses that offer services in the form of specific activities that will be performed later.
| Item Class | Service Class |
| Grades 1-5: Chemical and related industry classes | Class 35: Advertising, business management and administration, and office functions |
| Grades 6-14: Metallic raw materials and related production | Class 36: Insurance, financial affairs, and real estate affairs |
| Classes 15-21: Technology goods class | Class 37: Building construction, repair and installation services |
| Classes 22-27: Textile class | Class 38: Telecommunications |
| Class 28: Children’s toys, sports products and adult games | Class 39: Transportation and travel |
| Classes 29-34: Classes for food, beverages, and tobacco products | Class 40: material handling |
| Class 41: Education, entertainment, and sports and arts | |
| Class 42: Research and technology | |
| Class 43: Food and beverages | |
| Class 44: Medical | |
| Class 45: Law and security |
How to Determine Brand Class?
As already mentioned, KH pals must determine what class suits your business to be listed on the trademark registration application form. Well, here are ways or steps that KH pals can do to make it easier to determine the class of your business brand:
Determine the field of business
KH buddy must first determine whether your business produces goods or provides services.
Understand the Business Model
This is important to do because it is possible that in the brand you register, there are several business models that are run. For example, a coffee business can be included in class 35 (booth sales) and class 43 (cafe sales).
Define your business keywords
By specifying keywords for your business, you can find out what classes your business can be included in. For example, if your business keyword is ‘boba’, then you will find the word ‘boba’ in the trademark class search feature in classes 29, 30, 32, 35, and 43, along with a description of the type of goods and/or services. If you choose an inappropriate trademark class, the type of goods and/or services of the trademark can be crossed out by the DJKI in the trademark registration application. This provision has also been regulated in Article 15 of Permenkumham No. 67/2016.
Can an application be filed for more than one trademark class?
In accordance with Article 6 paragraph (1) of the Trademark and Geographical Indications Law (Trademark Law), in principle, applications can be submitted for more than one class of goods and/or services so that KH Pals only need to apply once. This is intended to facilitate business actors who will use their trademarks for several goods and/or services. However, one of the things you need to consider if you want to apply for more than one class of trademark is the application fee. Where in Article 4 paragraph (5) of the Trademark Law, it is stated that the trademark registration application fee is determined per class of goods and/or services. So that the more classes of trademarks you register, the more expensive the costs that must be borne. On the other hand, there are certain benefits obtained by businesses that register their trademarks across classes. If the trademark registration is accepted, the following will be included:
- Full name and address of the registered mark owner;
- Name and full address of the proxy, in the event that the application is by proxy;
- Date of receipt;
- The name of the country and the date of first receipt of the application in the case of an application filed under the right of priority;
- The label of the registered mark, including information on colors, foreign languages, etc;
- Registration number and date;
- The class and type of goods and/or services for which the mark is registered; and
- Period of validity of trademark registration.
KH Contact
How, has Friend KH now understood and determined which trademark class is suitable for your business? Or are you still hesitant and worried about choosing the wrong trademark class so that it will be rejected by the DJKI? Leave it to Contract Law!
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We can help you to register a business brand easily and safely because of the brand analysis process first with a competent and officially registered IPR consultant, so it is guaranteed to be auto accepted by the DJKI! Not only analysis, KH Buddy can also simultaneously register to extend the brand with Kontrak Hukum, you know! Let’s make your business brand affairs easier by visiting the KH Services – Brand page. If you have other questions, just consult with us at Ask KH or via direct message (DM) to Instagram @kontrakhukum.
