KH friends must be familiar with Indomie, Rinso, Honda, or Sanyo products, right? Did you know that these product names are part of trademarks? In Indonesia itself, trademarks are divided into 2 types, namely service marks and trademarks. If service marks are usually registered to distinguish services that are traded, trademarks are registered to distinguish goods/products that are sold. To find out more about trademarks and how to register them, Contract Law will discuss the following. Immediately see the explanation until the end! According to Law No. 20 of 2016 (Trademark and Geographical Indication Law), a trademark is defined as 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 forms, sounds, holograms, or a combination of 2 or more of these elements to distinguish goods produced by persons or legal entities in the trade of goods. In other words, trademarks are used on goods traded by a person or several persons jointly or legal entities to distinguish with other similar goods. Trademarks are also used with the aim that consumers are not confused, wrong in choosing, and more easily recognize the product/goods to be purchased. For example, in Indonesia there are many types of mineral water that are sold, to distinguish these mineral waters, different brands are used, such as Aqua, Nestle, Le Mineral, Vit, etc. Then, how to obtain trademark rights?
Brand Check
To obtain rights to a trademark, the trademark must be registered first. Before registering a trademark, KH Buddy must do Brand Checking first. The trademark check process is carried out to find out whether the trademark can be registered or not. Checking is also done with the aim of avoiding rejection when applying for registration as well as a lawsuit filed by another party due to the similarity of the trademark that has been registered.
Trademark Registration
After checking the trademark, KH Buddy can apply for trademark registration through the website https://merek.dgip.go.id/. This application can be submitted by the applicant or his/her proxy. The application is made by filling out a form that contains the date of application, identity of the applicant/proxy, color, country name and date of the first registered trademark request in the event that the application is filed with priority rights, as well as the class of goods and description of the type of goods. The applicant must also attach a brand label, proof of payment, including a power of attorney if the application is represented.
Trademark Objection Filing
After the application is received, the Director General of IPR will conduct a formality check. If all administrative requirements are considered complete, an announcement of the application in the official trademark news will be made for 2 months. During this period, any party may file an objection if there are sufficient reasons accompanied by evidence that the trademark applied for registration is a trademark that based on the regulations cannot be registered or must be rejected. The criteria for trademarks that cannot be registered are listed in Article 108 number 1 of the Job Creation Law, including:
- Contrary to state ideology, laws and regulations, religious morality, decency, or public order;
- the same as, relating to, or merely mentioning the goods for which registration is sought;
- contains elements that may mislead the public about the origin, quality, type, size, variety, intended use of the goods for which registration is sought or is the name of a protected plant variety for similar goods;
- contain information that is not in accordance with the quality, benefits, or efficacy of the goods produced;
- does not have differentiating power
- is a public name and/or symbol of public property; and/or
- contains forms that are functional.
While the criteria for a trademark that must be rejected according to Article 21 of the Trademark Law, namely:
- Having similarities in principle or in whole with a registered mark owned by another party or applied for in advance by another party for similar goods, a well-known mark owned by another party for similar or non-similar goods that meet certain requirements.
- 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.
- Represents 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.
- 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.
- If submitted by an applicant with bad faith.
Substantive Examination
If within 2 months of the announcement, no party files an objection, the trademark registration application will enter the next stage, which is substantive examination.
(Also read: Trademark Objection Filing Procedure)
The substantive examination may last for a maximum of 30 days. If in the substantive examination it is decided that the application can be registered, the DJKI will register the trademark and notify the applicant or his attorney of the trademark registration. After registration, a trademark certificate will be issued and given to the applicant or his attorney. DJKI will also make an announcement of the trademark registration in the official trademark news.
Application for Trademark Renewal
Trademarks that have been registered will receive legal protection for a period of 10 years and can be extended for the same period. The renewal application will be approved if the applicant attaches a statement letter that the trademark is still being used on the goods as stated in the trademark certificate and the goods are still being produced and/or traded. (Read also
KH Contact
Well Friend KH, that’s the explanation of the definition of trademark and how to register it. For KH Pals who have a trademark and want to register a trademark, KH Pals can also use the trademark registration services from Kontrak Hukum. KH pals can directly visit the Brand Registration page. If you want to consult or have questions regarding trademarks, trademark registration, or other legal issues, you can also 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.
