Key Takeaways: Understanding Trademarks: Registration, Management, and Protection within the Legal Framework
To understand and optimize trademark management in Indonesia, ADCO Law recently organized a seminar titled Understanding Trademarks: Registration, Management, and Protection within the Legal Framework. The objective was to provide attendees with in-depth insights into trademark registration, management, and protection in accordance with the prevailing regulations. With rapid regulatory changes and technological advancements, a deep understanding of legal aspects concerning trademarks has become crucial for business actors, legal practitioners, and academics.
Definition of Trademark
The definition of trademark, as stipulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications, has been expanded to include non-traditional marks, i.e., 3-D marks, sounds, and holograms. This expansion allows for more comprehensive protection for trademark owners in alignment with technological developments and market needs.
Trademark Registration Process: Steps and Challenges
Trademark registration is a crucial step in the process of obtaining exclusive rights to a mark. The applicant has the option to undertake this process independently or through an appointed legal representative. In the registration application, the applicant is required to include several essential documents, such as proof of payment, a statement of trademark ownership, and, if necessary, priority documents. It is also essential for trademark owners to pay attention to the classification of the goods or services to be protected, ranging from Class 1 to Class 45.
Practical issues frequently arise during trademark registration, particularly concerning labels and colors. In relation to this, the seminar emphasized the importance of providing a detailed trademark description, including the pronunciation of non-Latin characters, to avoid potential rejection during the substantive examination. This examination is a critical stage in that it determines whether the trademark application will be accepted or rejected. In case of rejection, the applicant can submit a response or even file an appeal to the Directorate General of Intellectual Property or Direktorat Jenderal Kekayaan Intelektual – “DJKI”.
Read More: Intellectual Property
Transfer of Trademark Rights
Transfer of trademark rights was also discussed, highlighting the importance of trademark owners ensuring that the transfer is detailed and comprehensive. This is particularly relevant in cases where the mark being transferred shares similarities with other marks owned by the same party.
Legal Actions Against Trademark Infringement
The seminar also highlighted the legal measures that can be taken in response to trademark infringement. The owner of a registered trademark has the legal right to take action against any unauthorized use of his trademark, be it in the form of a criminal report, a lawsuit for compensation, or a cease and desist order. It is crucial for trademark owners in Indonesia to register their trademarks and record any transfers of rights, which are essential steps to protect the rights of trademark owners.
Practical Issues
The seminar’s final session focused on the practical issues commonly encountered by applicants during the trademark registration process. One notable challenge is determining whether a trademark, particularly one that is descriptive or generic, can be registered. Inconsistencies in the assessments made by the authorities often create obstacles in this process. To address this, it is recommended that trademark owners conduct thorough research and preliminary assessments before submitting a trademark application.
This seminar underscored the significance of a thorough understanding of trademark regulations, from registration and management to protection. By adhering to the procedures and understanding the legal framework, trademark owners can ensure their marks are maximally protected in an increasingly competitive business environment.
For further information on the trademark registration process or related legal assistance, please contact us at ADCO Law.
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About ADCO Law:
ADCO Law is a law firm that offers clients a wide range of integrated legal services, including commercial transactions and corporate disputes in a variety of industry sectors. Over the course of more than a decade, we have grown to understand our clients’ industries and businesses as well as the regulatory aspects. In dealing with business dynamics, we provide comprehensive, solid legal advice and solutions to minimize legal and business risks.
From Upstream to Downstream, We Understand Your Industry. In complex transactions and certain cases, we actively engage with financial, tax, and environmental specialists, accountants, and law firms from various jurisdictions to add value to our clients. Our strong relationships with Government agencies, regulators, associations, and industry stakeholders ensure that our firm has a holistic view of legal matters.
ADCO Law is a Proud Member of the Alliott Global Alliance (AGA) in Indonesia. Founded in 1979, AGA is one of the largest and fastest-growing global multidisciplinary alliances, with 215 member firms in 95 countries. As a law firm, we also believe in regeneration. To stay abreast of business changes and stay relevant, our formation of lawyers is comprised of the top graduates from Indonesian and international law schools.
Contact our Business Development team for further information:
Alvin Mediadi, Business Development Manager, Indonesia
[email protected]
Almira Habsari, Marketing Communication, Indonesia
[email protected]
