Ditulis oleh: Ditulis pada: 12/09/2022
Registering your trademark reduces the possibility of someone infringing on your rights. When you register your trademark, you make your ownership publicly available for other firms to locate and consider. You can register your brand's trademark on your own in Indonesia. The procedures on how to register a trademark in indonesia is based on Article 108 of Law No. 11 of 2020 on Job Creation. Although the trademark application procedure is now more simplified, several conditions must still be met.
How to Register a Trademark in Indonesia in a Lawful Way
Trademark registration in Indonesia is proceeded into three phases as follows.
Application
First of all, you must write an application to the Directorate General of Intellectual Property Rights (DGIP). It should be written in Indonesian language. The application covers the details of the applicants’ name, address, and nationality, followed with details of trademark’s designs, logos, and colors. This application will be formally checked within 2 weeks.
Substantive Examination
If no opposition is received during the publication time, the application will proceed to the examination stage for 150 working days. If necessary, the DGIP enables for examinations to be outsourced to specialists. If there is any objection, the application will be reviewed concurrently.
An examiner chosen by the Minister of Law and Human Rights then conducts the substantive examination. It usually doesn't last more than nine months. An application that contains characteristics that may mislead as to the kind, quality, or intended use of the goods/service, or that is already trademark protected, may be denied.
There are other common reasons for refusal. For example, if the trademark itself is against morals, public order, or is insulting to religion, the registration is likely to fail. Also, it will not be approved if it is the same or too similar to an already approved trademark or an application submitted before yours.
Certification
If the application is approved, the DGIP will issue a registration certificate and issue the trademark in the official Trademark Gazette. Any individual or legal organization may file a written objection to the Directorate General within the time of publication; in the event of a trademark dispute, a re-examination term of 2 months is imposed, and an inquiry is undertaken.
The application procedure for intellectual property protection can take much time and be complicated. You should properly comprehend numerous components of filing an application. When you have the advice of a qualified intellectual property lawyer, the procedure becomes substantially easier. Rather of attempting to do everything yourself, it makes more sense to hire a professional to handle the trademark registration process.
To acquire control and benefits in the scenario, brands and businesses should begin trademark registration as soon as possible. Bear in mind that copyright piracy and infringement are still challenges that can harm a company Therefore, it is essential for every business to learn how to register a trademark in Indonesia. Not only does it provide you with a court advantage, it also help your business to stand out from the competitors and raise your business stocks.