There are several things that should be known regarding the Indonesia trademark. This practice is very encouraged to be done by the Directorate General of Intellectual Property to all business owners in Indonesia. Registering a trademark can grant the applicant exclusive rights, such as legal protection and rights of usage.
What You Should Know About Indonesia Trademark
Trademarks in Indonesia are being protected by Law No. 20 of 2016 on Trademarks and Geographical Indications. Things that are allowed to be trademarked are phrase, symbol, device, word, symbol, and color. Elements that can be used to differentiate certain products or services from the others can be trademarked. But before a trademark can receive legal protection, it must have been used in a commercial environment by the owner.
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How to Register a Trademark
Before applying a trademark to the Directorate General of Intellectual Property, there are required documents that must be fulfilled by the applicant. The applicant must include the following: a brand label, application form, and a Letter of Recommendation which applies to MSME applicants. Registration can be done online or by submitting documents to the DGIP office.
The submission will go through 4 stages upon registration, and approximately the full process can take anywhere around 12 until 24 months. There are fees and charges that might apply within the process, and it will not be refunded if the application is rejected.
The Benefit of Registration
The main benefit of trademark registration is that the business can receive legal protection from the government. A brand can only receive legal protection if it has been registered and obtained a certificate from the Minister of Law and Human Rights.
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Therefore, if a trademark has not been registered to the DGIP, the mark will have public status and will not receive any legal protection from the government. It will result in a free usage of the trademark by the public and the original owner cannot sue if there’s theft. It will not happen if a trademark has been registered. The state will grant exclusive rights to the owner and protect the trademark for the next 10 years from the date of acceptance.
Violation of Trademark Law
There can be possibilities of violation of trademark law. This violation includes patent infringement and non-consensual use of a company’s name. As mentioned previously, if a mark has yet to be registered, then it can be exposed to such violations.
It is why the Intellectual Property Rights of Indonesia strongly advises trademarks registration in order to avoid the possibilities of infringement. Aside from that, owners of registered trademarks are also encouraged to renew the ownership, which occurs every 10 years upon the date of application submission.
Final Words
Before applying for an Indonesia trademark, there are several things that you should know, such as understanding how the registration works, what an owner can get from registering a trademark, and the trademark law’s infringement. Knowing this information can be helpful for business owners who are interested in submitting an application for a trademark.
