Brands in a business activity function to introduce the products or services offered to consumers. Not only that, brands are also used to distinguish products or services offered by one business from another.
Well, not only made, a trademark must also be registered as proof of legal ownership and prevent its use by other parties. Trademark registration is done through the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights. Unfortunately, not all brands can be registered. There are several criteria that make a trademark unregistrable, in accordance with the provisions of Law No. 20 Year 2016 on Trademarks and Geographical Indications. This is important to know considering that this is still often an obstacle for business owners in the trademark registration process. Then, what are the criteria for a trademark not to be registered? Check out the explanation in the following article.
Overview of Brands and Their Functions
By definition, a trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in 2-dimensional and / or 3-dimensional form, sound, holograms. Trademarks can also be a combination of 2 or more of these elements to distinguish goods and/or services produced by persons or legal entities in the trading activities of goods and/or services. Registered trademarks get legal protection for a period of 10 years from the date of receipt of the application for registration of the relevant trademark and the period of protection can be extended. The use of trademarks serves as:
- An identifying mark to distinguish the production produced by a person or several persons jointly or a legal entity from the production of other persons or other legal entities;
- A promotional tool, so promoting their products simply involves mentioning the brand;
- Guarantee the quality of the goods;
- Indicates where the product/service was produced.
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The trademark registration functions as:
- Evidence for the rightful owner of the registered mark;
- Grounds for refusal of the same mark in its entirety or substantially the same which is applied for registration by another person for similar goods/services;
- The basis for preventing others from using the same mark in its entirety or substantially the same in circulation for similar goods/services.
Criteria for Unregistrable Trademarks
In accordance with the provisions stipulated in the Trademark Law, a mark cannot be registered if:
- Contrary to state ideology, laws and regulations, morality, religion, decency, or public order;
- Similar to, related to, or merely mentioning the goods and/or services for which registration is sought;
- Contains elements that can mislead the public about the origin, quality, type, size, variety, purpose of use of the goods and/or services for which registration is requested or is the name of a protected plant variety for similar goods and/or services;
- Containing information that is not in accordance with the quality, benefits, or efficacy of the goods and/or services produced;
- Does not have differentiating power; and
- Is a public name and/or symbol of public property.
Criteria for Trademarks that are Refused Registration
In addition, the Trademark Law also mentions a number of reasons why a trademark registration application is rejected, namely if:
- Having similarities in principle or in whole with registered trademarks owned by other parties or applied for in advance by other parties for similar goods and/or services;
- Having similarities in principle or in whole with well-known trademarks owned by other parties for similar goods and/or services; having similarities in principle or in whole with well-known trademarks owned by other parties for non-similar goods and/or services that meet certain requirements;
- Has similarities in principle or in whole with registered geographical indications;
- Represents or resembles the name or abbreviation of a famous person, photograph, or the name of a legal entity owned by another person, except with the written consent of the rightful owner;
- Is a copy or resembles the name or abbreviation of the name, flag, emblem or symbol or emblem of a country, or national or international institution, except with the written consent of the authorized party; or
- Represents or resembles an official mark or seal used by the state or a government agency, except with the written consent of the authorized party.
KH Contact
This is an explanation of the criteria for trademarks that cannot be registered and rejected during registration. So, for KH Pals who are currently running a business and want to register a brand, try to check again whether your business brand has met the DJKI requirements or not. However, if you are still in doubt and have questions about trademarks, you can consult with Kontrak Hukum.
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Trademark registration is easier and safer because it is carried out by a competent IPR consultant who is registered with the DJKI and there is a trademark analysis process first. Let’s protect your business brand safely by visiting the KH Services – Brand page. If you have questions about IPR and other business needs, please feel free to consult for free at Ask KH or send a direct message (DM) to Instagram @kontrakhukum.
