Registering a trademark is one of the stages that should not be missed when starting a business. Trademarks adhere to the first to file principle where someone who registers first and the application is granted will obtain rights to the registered trademark. This means that whoever registers and obtains a trademark certificate sooner will get legal protection. In order to avoid unwanted losses, businesses must immediately register the trademark owned. But before applying for trademark registration, businesses need to pay attention to the following things so as not to misstep and trademark applied for can be accepted by the minister. Want to know what are the things in question? Check out the answer below!
Create a Different Brand!
Although everyone is free to create a brand that they want to use, it is very important for business actors to create a brand that is unique, easy to remember, and certainly different from brands that are already circulating in the market. Remember, a brand is a sign used to distinguish goods and/or services produced by a person or legal entity in the trading activities of goods and/or services so that the KH Buddy brand must also have its own characteristics to be more easily recognized and distinguished from other people’s brands. But do not because you want to be more easily recognized, KH Friend makes a brand that is similar to a well-known brand. Because if it is similar to an existing trademark, it can be used as a reason for the DJKI to reject KH’s trademark application.
Make sure not to violate brand terms
Before applying for trademark registration, KH Buddy must also ensure that the trademark to be registered is not included in the category of trademarks that based on regulations cannot be registered or must be rejected. According to the Ciptaker Law, a mark cannot be registered if:
- contradicts the prevailing ideology/legislation.
- only mentions the goods for which registration is sought.
- contains misleading elements and false information.
- does not have differentiating power.
- is a public name and/or symbol of public property.
- contains forms that are functional.
So what are the criteria for a trademark to be rejected? A mark should be rejected if the mark is registered:
- Filed by an applicant with bad faith
- Has similarities with registered trademarks / well-known trademarks owned by other parties.
- Represents or resembles the name of a famous person, a photograph, the name of a legal entity owned by another person, a flag, emblem or symbol of a state, national or international institution, a sign or official stamp or seal used by a state or government institution, except with the written consent of the authorized party.
Don’t forget to check first!
The next thing that must be considered before registering a brand is brand checking. This trademark check process is carried out to find out whether the trademark owned by KH Friend can be registered or not. Checking is also done with the aim of avoiding rejection when applying for registration or a lawsuit filed by another party due to the similarity of the trademark that has been registered. To check the trademark, KH Friend can visit the Intellectual Property Database page and type the name of the trademark to be registered. If you need help to check the trademark, you can also use the services of Kontak Hukum. You do not need to worry about using the trademark checking service from the Legal Contract because in addition to being done by legal experts, the Legal Contract has been trusted in solving legal problems quickly, easily, and affordably. Furthermore, KH Friend can directly visit the page https://kontrakhukum.com/kekayaan-intelektual/
Prepare Required Documents
Before registering, the applicant should prepare the required documents in advance. The documents in question consist of :
- Applicant’s Identity (KTP if submitted by an individual, copy of Deed, SK establishment of a business entity, KTP of the President Director if submitted on behalf of a business entity).
- Brand Etiquette/Labeling.
- Power of attorney if the application is represented.
- Assisted SME Recommendation Letter or Office Assisted SME Certificate (Original) and Stamped SME Statement Letter (for Micro and Small Business applicants only).
- Evidence showing the name of the country as well as the date on which the mark was first registered in the case of an application filed with priority rights.
Make an Application
If all of the above steps have been taken, then KH Buddy can apply for trademark registration through the DJKI by visiting the page https://merek.dgip.go.id/. If the applied trademark passes the formality examination and substantive examination, DJKI will register and issue a trademark certificate. DJKI will also make an announcement of the trademark registration in the official trademark news.
READ ALSO: Don’t make a brand carelessly to avoid being sued!
Well KH Friend, that’s an explanation of the things that should be considered before registering a brand. In order for your brand to be accepted, make sure not to skip the steps above. If you have any questions or want to consult regarding trademark registration or other legal issues, please do not hesitate to contact Kontrak Hukum at the following link Tanya KH or via social media instagram @kontrakhukum. Kontrak Hukum is ready to help and provide the best solution.
