The Importance of Building a Brand and Protecting the same by Referring to the Indonesia Jurisdiction

At this moment, a trademark (brand) is the first thing needed in the business. As, a trademark that used on goods traded by a person or by several persons jointly or a legal entity to distinguish from other goods of the same kind. Imagine that if you have already bought a product, for example lipstick and it turns your lips skin matches the lipstick. So, it will be ensured that you will buy again the same lipstick products in the near future. It will be difficult to inform the sales assistant, what kind of lipstick you buy if the said lipstick doesn’t have their own brand name.

In our own perspective, building the brand and protecting the same are the important initial steps for starting your commercial business. Firstly, you do need to decide and define what kind of brand that will be attached to the products. It may include a sign that can be displayed graphically in the form of picture, logo, name, word, letters, number, compositions of colors, in 2 (two) dimension and/or 3 (three) dimension, voice, hologram, or combination of said elements, having distinguishing features.

We usually suggest to our clients to use a name, logo or symbol that has a unique and different from the other brand name but it can be pronounced, recognized and remembered easily by the consumers. By registering the trademark / brand, it means that you have the exclusive right for a certain period of time, to yourself use said Mark or to grant permission to another party to use it by licensing right. The Newest Trademark Law System which was ratified on November 25, 2016 in Indonesia, the trademark registration process may be accelerated within 12 months or at the latest 18 months.

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