Here’s the Procedure for Changing the Owner’s Name on a Registered Trademark

As we know, brands play an important role in running a business. A brand is not just a visual identity or name attached to a product or company, but also serves to shape the image and reputation of the business, as well as influence consumer behavior.

What needs to be remembered is that, in addition to being owned, the brand must also be officially registered with the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights of the Republic of Indonesia. That way, business people have the freedom to use the brand for commercial purposes, and have the right to prohibit other parties from using the brand. However, in applying for trademark registration, there will be important data that must be submitted by business people or applicants, one of which is the name of the applicant or trademark owner. So, what if in the middle of the trademark registration process, the owner or applicant changes his mind to change the new name (transferring to another person)? Check out the answer in the following article.

Overview of Trademark Registration Requirements and Procedures

In theory, the process of applying for trademark registration is regulated in Law No. 20/2016 on Trademarks and Geographical Indications (Law 20/2016). Here are the basic requirements for applying for trademark registration based on Article 4 of Law 20/2016:

1. An application for trademark registration is submitted to the Minister of Law and Human Rights electronically or non-electronically in the Indonesian language.
2. The application must include the following information:
   • Date, month, and year of application;
   • Full name, nationality and address of the applicant;
   • Full name and address of the proxy if the application is submitted through a Proxy;
   • Color if the mark applied for registration uses color elements;
   • The name of the country and date of the first request for the mark in the case of an application filed with priority rights; and
   • Class of goods and/or class of services and description of the type of goods and/or type of services.
3. The application is signed by the applicant and his/her proxy.
4. Trademark registration application fees are determined per class of goods and/or services.
5. And the next steps follow in accordance with applicable regulations.

ALSO READ: How to Register a Brand for MSMEs?

How to Change the Name of the Brand Owner?

By going through the registration process, of course, the owner’s identity such as full name has been recorded in the system managed by DJKI. Then, what is the situation if it is necessary to change the identity of the trademark owner such as the name? Name changes in the middle of the trademark registration process or even when the trademark certificate has been printed can be possible. This is as stipulated in Article 40 of Law 20/2016. In addition to Law 20/2016, the change of name and/or address on the registered trademark is also regulated in the Minister of Law and Human Rights Regulation No. 67/2016 on Trademark Registration (Permenkumham 67/2016). The application for recording the change of name on the trademark can be done independently or through a proxy. In the process, it can be submitted electronically (online) through the official website of the DJKI. From there, the applicant fills out the online form and uploads the required documents. The contents of the form in question are:

1. Identity of the applicant or proxy, consisting of: Name; Address; Phone/Fax; and E-mail.
2. Description of the mark for which a change of name and/or address is requested;
3. Information on change of name and/or address (for example, from name A to name B);
4. Applicant’s signature.

In addition, the application for change of name of the trademark owner can also be submitted manually in writing using Indonesian. If the evidence of the change of name of the proposed trademark is not in Indonesian, then the applicant or his attorney must attach proof of translation in Indonesian conducted by a sworn translator. While submitting the application form, the applicant or his attorney must also attach the following required documents (Article 31 Permenkumham 67/2016):

1. Evidence of a change in the name of the registered mark owner;
2. Copy of registered trademark certificate, registered trademark official citation or proof of application;
3. A certified copy of the deed of change of legal entity, if the owner of the registered mark is a legal entity;
4. Photocopy of applicant’s identity;
5. Power of attorney, if submitted by proxy; and
6. Proof of payment

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Well, if you are a businessman who wants to change the name of the brand owner but is still confused or does not have time to do it, you can consult with Kontrak Hukum. Together with officially registered Intellectual Property experts, we can help you to take care of brand registration easily and quickly with prices starting from only IDR 2 million!

READ ALSO: Change the name of a registered brand, is it possible?

Let’s make all business brand matters easier by visiting the KH Services – Brand page. If you have questions about other business needs, please contact us at Ask KH or send a direct message (DM) to Instagram @kontrakhukum.