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Trademarks in the world of trade in goods and services have a very important role.
Trademarks are used to distinguish with other similar products in one class.
Trademark registration is a valid evidence of a registered trademark.
Trademark registration is also useful as a basis for refusal of the same trademark in its entirety or the same in essence applied for by others for similar goods or services. Trademark registration also aims to prevent others from using the same trademark.
The purpose of trademark registration is to provide legal certainty and legal protection of trademark rights.

The importance of brands and registering them

In general, both trademarks and service marks are marks to distinguish the goods or services produced.
Registering a trademark is important to avoid legal problems in the future.
The use of a trademark functions 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;
  • and Indicate the origin of the goods/services produced.

In addition, a registered trademark is also important for those who produce goods or services.
Trademark registration serves 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.

How to Register a Brand for Acceptance

The trademark application is not immediately accepted, the trademark can get refused if the proposed trademark is a common name/emblem; if the trademark name only mentions and relates to the nature of the type of goods/services applied for.
The application for protection can also be rejected if it has similarities with the trademark of another party that has been filed for registration in advance to the DJKI with similar types of goods/services or contrary to the state ideology, has similarities with registered geographical indications, and there are elements of misleading.

If the Application Receives a Rejection Proposal from the Trademark Examiner

Not all trademark applications will be immediately accepted.
If you get a rejection proposal, that does not mean that the trademark is immediately rejected.
As a matter of consideration, the applicant is given the opportunity for the trademark to be accepted by providing a response to the rejection proposal / hearing letter in writing, within a period of 30 days from the date of receipt of the letter sent through the applicant’s trademark account inbox notification then can be sent through the post-application menu.

Mariska

Resident legal marketer and blog writer, passionate about helping SME to grow and contribute to the greater economy.

Konsul Cabang Surabaya
Konsul Gratis