KH friends must have often seen the ©, ™, or ® symbol on a logo, brand, item, or certain product, right? The three symbols are usually used as information to consumers and other business actors that the logo, brand, goods, or products used are part of intellectual property rights so that they cannot be imitated or used carelessly with commercial purposes. Although the ©, ™, and ® symbols are related to IPR, it turns out that the three symbols have different functions and meanings. To find out what are the differences and uses of the three symbols above, Contract Law will discuss them below. Immediately see the discussion until the end!
© or Copyright symbol
The © symbol means copyright. Copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a creation is realized in real form without reducing restrictions in accordance with the provisions of the legislation. Copyright adheres to the declarative principle where whoever realizes his creation first will obtain the right. For example, when a person or business entity creates or makes logos, photographs, and works of fine art then used as part of a brand or product goods sold, the © symbol can be included so that others know that the logo, photo, or work of fine art is a protected copyright. Once announced, copyright has legal protection for as long as the creator lives until 70 years after the creator dies. So, the © symbol can still be utilized by the copyright holder even if the creator has died. Although it has a declarative principle, in order to obtain strong evidence as a copyright holder and as legal protection if there are parties who commit copyright infringement, the creator should also register his creation with the minister through the DJKI.
Symbol ™ or Trademark
The next symbol, namely ™ means Trademark or trademark. 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, or a combination of 2 or more of these elements to distinguish goods produced by persons or legal entities in the activity of trading goods. The symbol ™ is generally used by business actors who are just starting a business, have not yet registered a trademark, and are branding the products/goods being sold. This symbol can also be chosen to be included in the products/goods sold if the trademark owned is in the process of trademark registration. However, keep in mind that the symbol is only useful as information that the elements as mentioned above have become trademarks of the products/goods. For businesses that have used the symbol ™ but have not registered the trademark, you should immediately apply for trademark registration. Because the inclusion of the symbol ™ is not a form of legal protection. Trademarks will only be legally protected if the trademark used has been registered or obtained a trademark certificate.
Symbol ® or Registered
The last symbol, ®, means registered. This symbol may only be used by businesses whose trademarks are in the General Register of Trademarks or have registered the trademarks used. Compared to other symbols, the ® symbol has the strongest legal force because it has been officially registered with the DJKI. To become a registered trademark and use the ® symbol in the products/goods sold, KH Buddy must apply for trademark registration through the website https://merek.dgip.go.id/ by attaching the trademark label, proof of payment, including a power of attorney if the application is represented. If the applied mark passes the formality examination and no one raises objections, a substantive examination will be conducted. If in the substantive examination it is decided that the application can be registered, the DJKI will register the trademark. After registration, a trademark certificate will be issued and given to the applicant or his attorney. The DJKI will also make an announcement of the trademark registration in the official trademark news.
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In addition to the DJKI, KH pals who have a trademark and want to register a trademark so that it can include the ® symbol can also use the trademark registration services of Kontrak Hukum. Furthermore, KH pals can directly visit the Intellectual Property – Kontrak Hukum page .
KH Contact
Well, that’s the explanation of the difference between the ©, ™, and ® symbols that are usually found on trademarks. If you still have questions about intellectual property rights, trademarks, trademark registration, or want to consult about other legal issues, you can also contact Kontrak Hukum at the following link Tanya KH or through our Instagram social media @kontrakhukum. Kontrak Hukum is ready to help and provide the best solution.
