What is a Trademark? And Why is it Important?
A sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, or combinations of 2 (two) or more these elements are to distinguish goods and services from each other.
A trademark (brand) is a marker that is needed for a consumer to differentiate between products from one another. For example, as a consumer, if we have matched a certain product that does not have a brand, we want to repurchase the product. Or, if the product we buy has a problem, then how do we file a claim if the product does not have a brand. Therefore, it will be very easy for consumers to buy a product that has a brand because it will facilitate processing of orders and tracking problems to overcome and repair these products.
How Can You Protect Your Trademark?
In Indonesia, a trademark can be protected through registration. Registration gives the trademark owner the exclusive right to use the mark and to prevent others from using the same or similar trademarks on identical or related goods and services.
The right to a trademark is granted to the one who first files a trademark application with the Directorate General of Intellectual Property (DGIP) Office. Before applying for trademark registration, it would help if you conduct a search in the trademarks database to determine if there are identical or similar trademarks that would prevent the registration of your trademark. This is to prevent future conflicts with trademarks that are already registered or with earlier filing dates.
The trademark protection granted by DGIP Office protects your trademark only in Indonesia. If you want your trademark protected outside the country, you will need to file applications in the countries where you want your mark registered.
Procedures:
Applications filed by foreign applicants should be filed through an appointed Consultant of Intellectual Property Rights as their proxy (Article 5 paragraph (3) Law No. 20 Year 2016). After submission of the application, it is subject to an administrative examination. Upon completion of such examination, the DGIP shall subsequently publish the application for the period of 2 months.
The time taken for a trademark to be registered in Indonesia depends on whether the application is procedurally in order and whether objections or queries are raised by the DGIP Office. In the absence of any such objections or queries, a trademark will normally be registered within 18 to 24 months from the date of application.
Regulations related to Trademark:
- Newest Trademark Law Number 20 Year 2016
- The Government Regulation of the Republic of Indonesia Number 32 Year 1995 on Trademark Appeal Commission
- The Government Regulation of the Republic of Indonesia Number 24 Year 1993 on Goods and/or Service Classification
- Ministerial Regulation of Law and Human Rights of the Republic of Indonesia Number 67 Year 2016 on Trademark Registration
The Required Documents for Completing the Trademark Application are as follows:
- Original Power of Attorney, simply signed by the Applicant.
- Certified copy of priority document and the English translation thereof (if any). Priority deadline counted 6 (six) months from the application date in the prior country.
- Trademark speciment in JPEG Format.
The above mentioned documents can be submitted to the DGIP Office within 2 (three) months as from the filing date. Legalization or notarization is not required for the documents.