KH buddy, do you know what a service mark is? Yes, service marks may not be as well known as trademarks. However, if you have a service that is traded, you should register the service mark so that no one uses it without permission.
Just like a trademark, a service mark is an identity used to distinguish one service product from another. This labeling is needed so that consumers are not confused and so that the company has a different image from other companies. This is of course important for a company engaged in this field. So, what is the function of a service mark? What are the requirements and procedures for registering it? Come on, see the following review to find out more!
What is a Service Brand?
In accordance with Article 1 of Law No. 20 of 2016 (Trademark Law), the trademark itself is defined as a sign that can be realized graphically in the form of names, words, numbers, letters, logos, color arrangements, in two-dimensional and / or three-dimensional form, sound, holograms, or a combination of two or more of these elements to distinguish goods / services produced by persons or legal entities in the trading activities of goods / services. Meanwhile, services can be defined as any action or activity offered by a person or legal entity to others. Services are not always physical, so they cannot be seen directly. However, it could be that the result of the service produces a physical object. So that business activities in the service sector are activities that focus on services. So as reported from the official website of the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights, a service mark is a mark used on services traded by a person or several persons jointly or a legal entity to distinguish with other similar services. The government itself has regulated serviced marks with several regulations, among others:
- Law No. 20 Year 2016 on Trademark
- Government Regulation No. 24 Year 1993 concerning Classes of Goods or Services for Trademark Registration
- Minister of Law and Human Rights Regulation No. 67 Year 2016 on Trademark Registration.
Examples of Service Brands
With the high number of applications for trademark registration every day, it will certainly be easier for you to find examples of trademarks as a basis for comparison. Here are some examples of service marks that have been registered:
Mixue
When you hear the name Mixue, of course what comes to mind is that they are an ice cream manufacturer with branches in various parts of the city. Yes, as a business that is famous for ice cream products, in fact Mixue also runs its business activities in the service sector.
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Mixue is an ice cream manufacturer that provides a place to enjoy its products. So the provision of this place also supports all the business activities that Mixue runs. When examined, Mixue is sheltered in class 43 for cafe services.
Pertamina
In the energy sector, there is a company Pertamina that registered its mark in class 39 for energy supply or energy distribution services.
Akulaku
In the field of finance, there is Akulaku which registered its mark in class 36. Yes, this class is a group to protect service activities in the field of finance.
Difference between Service Marks and Trademarks
Perhaps you are wondering, what distinguishes a service mark from a trademark that is often heard in general? In order not to misunderstand, here are some differences that can be noticed from both:
Physical Form of a Product
Taking the example mentioned, Mixue for example, you can evidently buy ice cream products that are offered and served in real time. As such, it’s no wonder that Mixue needs to register its brand name in the trademark group. Then, what about its service brand? Yes, apart from selling ice cream products, Mixue also provides the services of a tavern. This means that not only can you buy ice cream, but you can also enjoy it at the shop. So Mixue needs to protect its mark in the service group.
Output Produced
What is your purpose in doing business? If you run a cosmetics production business, for example, with the end result being cosmetics that are sold directly to consumers, then you can register the mark under the trade group. Because the result is a finished cosmetic. It is different if you run a business in a cosmetics factory and provide production facilities to cosmetics manufacturers. Where the end result achieved is not a cosmetic, but rather the convenience of the manufacturer in making its products. Then the registration you need to do must be in the service group.
What is the Function of a Service Mark?
Now KH Friend has understood what is called a service mark, examples, to the difference with trademarks. So what is the function of a service mark for a business? Here’s the description:
Promotion
You can do business promotion by simply mentioning the brand of your service product. This will be much more concise and at the same time instill the labeling in potential customers to make it more memorable.
Quality Assurance
The label given will certainly affect people’s perceptions of the service products being sold. You can emphasize the quality of service so as to get a good image from consumers.
Identification Tags
To be able to introduce service products more easily, you can use a brand. This will help consumers not to be confused with similar service products that have the same market. In addition, the brand is also used as a service product identity.
Economic Value
Just like trademarks, under certain conditions, service marks will also have economic value and as an asset of the company. In addition, this labeling will have an impact on the sale of service products.
Requirements for Registering Service Marks
The following requirements must be met to register a service mark, both for individuals and business entities.
Service Mark for Business Entities
Requires document requirements, namely:
- Notarial deed of establishment of business entity
- NPWP of the business entity
- Business Identification Number (NIB)
- Applicant’s ID card
- Attach a sample of the proposed mark
- Power of attorney (if necessary)
- A statement of ownership rights explaining that you have the right to apply for trademark registration to be used in running and developing your business.
- List of services or services that are branded
Service Marks for Individuals
Requires documents such as:
- Applicant’s ID card
- Attach a sample of the proposed mark
- Power of attorney (if necessary)
- A statement of ownership rights explaining that you have the right to apply for trademark registration to be used in running and developing your business.
- List of services or services that are branded
Service Mark Registration Procedure
If the required documents have been completed, then next KH Buddy can apply for registration of service marks to the DJKI Kemenkumham with the following procedure:
Doing a Brand Check
This is to find out whether the service mark you want to register has been registered or not.
Apply for Registration
If the trademark has not been registered, KH Buddy can apply for trademark registration through https://merek.dgip.go.id/ and fill out a form that contains the following information:
- Application Date
- Applicant/Power of Attorney Identity
- Brand Request Date
- Service Class and Service Description
- Brand Label
- Proof of Payment
Conducting a Formalities Check
If the application is accepted, the DJKI will conduct a formality examination. Then, if the administrative requirements are complete, the application will be announced in the official trademark news for two months. During this period, if there are reasons and evidence that cause the trademark cannot be registered or rejected, the applicant can file an appeal. If there are none, then the trademark registration will enter the substantive examination stage.
Conducting Substantive Examination
Substantive examination is the examination carried out on the trademark application, lasting for 30 days, starting from the date of expiration of the announcement. If at this stage it is decided that the application can be registered, the DJKI will register the trademark and notify the applicant of the trademark registration. A trademark certificate will be issued and submitted to the applicant. Finally, the DJKI will also announce the trademark registration in the official trademark news.
KH Contact
This is the complete explanation about service marks. So, for KH Pals who are currently also running business activities in the field of services, then don’t forget to protect your brand before it’s too late!
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Moreover, now service mark registration is also easier thanks to professional assistance such as Kontrak Hukum. Yes, as a digital legal platform, we have been trusted by thousands of companies in Indonesia to fulfill their business needs, including the registration of service marks officially to the DJKI Kemenkumham. No need to worry because the registration of service marks at Kontrak Hukum is carried out by professional experts registered with the DJKI so that it is guaranteed to be safe, as well as the brand analysis process first. For more information, visit the KH Services – Trademark page. If you have any questions, do not hesitate to ask KH for a free consultation or send a direct message (DM) to Instagram @kontrakhukum.
