Trademark Registration

Ditulis oleh Administrator pada Selasa, 28 Februari 2023 | Dilihat 815kali

Trademark Registration

In this day and age, a brands identity is Paramount to its success; therefore, protecting your brand, logo or catchphrase should be a priority to all new businesses; which ia why more and more businesses are beginning to project their business identity, by applying for a Trademark!

What is a Trademark?

According to the Indonesia Law of Trademark Number 20 Year 2016, the meaning of Trademark ia a brand which use on goods traded by someone or some people collectively agreed or legal entity to differentiatie with other. Generally, Trademark registration to protects names, words, slogan and symbols that identify a business and for distinguishes from other brand. Protecting trademarks ia an investment in customer Goodwill, leading to greater customer satisfaction and higher sales.

Upon your trademark gas been registered, you Will be able to use ® symbol and another common symbol asociated with trade Mark ia ™ in older to demonstrate the products and enforceable by law. It also serves as notice to competitors that your serious about protecting your trademark rights. Registering your trademark grants you protection and the exclusive right to use your trademark on connection to the products and services for which your have registered in a determined country or territory. The treademark application ia to be submitted to the Directorate General of intellectual Property Rights, Ministry of Law and Human Rights of the Republic of Indonesia.

Advantages of Trademark Registration
1. Protect against registration of similar marks.
2. Discourages others to using similar trademark.
3. Serves as evidence of the validity and axclusive ownership of Trademark.
4. Grants the right to use the ® symbol when the mark ia used for the goods and services listed in the registration.
5. To provide facilitating protection of the trademarks as business expands.

Process of Trademark Registration
1. Filling of Application
Your should file your application with the meaning of the trademark (if any), details of colour and picture and translate the meaning of trademark into Bahasa if the trademark in English.
2. Administrative Examination
The ministry of Law and Human Rights Will check whether the application Will meet the requirements or not. If the applicant does not meet the requirements, the applicant has an additional 2 months to successfuly edit the application.
3. Publication
Your Trademark Will be published by the Ministry of Law and Human Rights into their website to see whether there Will be any opposition, the Applicant can issue a counter statement to reject the opposition. If there ia no any opposition, the Applicant can continue the process into the next steps.
4. Examination
If the Ministry of Law and Human Rights refuse the Trademark Registration, the Applicant can respond against the rejection araound. After that, Applicant should be wait arround 3 months to get approval or refusal from the Ministry of Law and Human rights.
If the registration is approved by the Ministry of Law and Human Rights, the process can continue to the next stage.
5. Notification on Issuance of Certificate
The Ministry of Law and Human Rights Will give the notification for issuance of Certificate - whether the Certificate Will be issued or not.
6. Issuance of Certificate of Registration
The Trademark Certificate Will be issued by the Ministry Law and Human Rights.

Validity
A registered Trademark can have legal protection for period of 10 years to the date of receipt of the registration of the Trademark concerned. The Trademark can be renewed within 6 months before expiry date of trademark registration. The late filing of renewal application mah be filed within 6 month grace perlod after the expiry date of registration by payung a penalty.
Prohibitions of registering a Trademark
1. Contrary to the Ideology of the State, Legislation, Morality, Religion, Public Older.
2. Only mention about the products but not mention Class Cleary.
3. Cortain or mislaed the public about the origin, quality, type, size, purpose of the goods and/or services, or contains the name of a protected plant variety for goods and/or services.
4. Contain information which does not comply with the quality, benefits of goods and/or services.
5. Does not have any distinction from others Trademark.
6. Common name and/or general public property.