You Should Know Important Things About Trademarks in 2022
Have you ever heard of trademarks? Some of the brand names of commercial products that you may use in your daily life today are part of the trademark.
There are two kinds of brands, namely service marks, and trademarks. Service marks are usually registered to distinguish the services traded, while trademarks are registered to differentiate the goods/products sold.
Simply put, a trademark is a symbol that is commonly used by traders as an identifier to distinguish products. Several traders embed a brand on the goods or services they market so that consumers can easily identify the company’s products. Under the law, trademarks can get legal protection.
Trademarks are symbols used by non-manufacturers wholesalers for goods purchased from manufacturers without a trademark. Meanwhile, based on Law no. 20 of 2016 (Law on Trademarks and Geographical Indications),
what is meant by a trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangement, in 2-dimensional and/or 3-dimensional forms, sound, hologram, or a combination of 2 or more of these elements to distinguish goods produced by individuals or legal entities in goods trading activities.
Trademarks can also be known as trademarks. With this trademark, consumers will more easily recognize similar products. There are 3 types of brands, namely ™, and ®.
Trademark Legal basis
Trademarks are regulated and of course, protected by law. Regulations governing trademarks, among others:
- UU no. 20 / 2016 Regarding Brands (Brand and Geographical Indications Act)
- PP No. 24/1993 concerning Classes of Goods or Services for Trademark Registration
- Ministry of Law and Human Rights of the Republic of Indonesia No. 67 / 2016 About Trademark Registration
There are several reasons why a trademark is important for your business, including:
- Legal protection for the owner and copyrighted works. Registered trademarks are certainly safe because anyone who uses these marks without permission can be in trouble with the law.
- Avoid losses due to misuse of brands. If a mark is not registered, anyone can use the mark. This will certainly provide a loss because there is no differentiator for similar goods so it is easily duplicated.
- Multiply profits. Branded and registered products have more value in the eyes of consumers.
- Increase competitiveness. No one can duplicate works that have been registered without the trademark owner’s permission.
Trademarks on the products of a person or company function as:
- As an identification mark to distinguish the production results produced by a person or several persons or legal entities from the production of other persons or legal entities.
- As a promotional tool, a person or legal entity who wants to introduce their products to the public can do so by mentioning the brand.
- As a guarantee of the quality or the quality of the goods.
- As an indication of the origin of the goods or services produced.
Examples of trademarks (trademarks) that you may often find are:
Examples of Electronic Product Trademarks:
Example of a Food Product Trademark:
- So Good
Example of a Beauty Product Trademark:
Trademarks are a type of Intellectual Property Rights (IPR) consisting of a recognizable sign, design, or expression to identify a product or service that is distributed to the market.
The right to a trademark is an exclusive right granted by the State to the owner of a mark registered in the General Register of Marks for a certain period by using the trademark himself or giving permission to other parties to use it.
The importance of a brand in influencing the development and progress of a business can be seen in the desire of the public or consumers to use goods or services with well-known brands or those that already have big names. The level of buyer satisfaction can also be seen from the satisfaction of a person’s prestige in using a well-known brand.
Legal protection for legitimate brand holders is intended to provide exclusive rights for brand holders so that other parties cannot get the same or similar sign as theirs for the same or almost the same goods.
Trademarks must be officially registered
How to Register a Trademark
In general, how registering a trademark is done with the following procedure:
- Register for a brand.dip.go.id account
- Click ‘add’ to create a new application
- Order a billing code by filling in the type, type, and class choice
- Make payments according to the bill on the SIMPAKI application
- Fill out all the available forms
- Upload the required supporting data
- If everything is filled correctly, click ‘finish’
- Application received
Requirements for registering a trademark
- Brand label or label
- Signature of the applicant
- Recommendation Letter for Assisted SMEs or Certificate of Assistance for SMEs (original) – for applicants for micro and small businesses
- Stamped UMK Statement Letter – for micro and small business applicants
After all the conditions are prepared, order the billing code and follow the steps for registering a trademark below:
- Select ‘Brand and Geographical Indication’ for the type of service.
- Select ‘Application for Mark Registration Submitted By:’.
- Select ‘Micro and Small Business’ or ‘General’.
- Select ‘Electronically (Online)’.
- Enter Applicant data and Application Data (name, address, email, etc.).
- Make payment via ATM/ internet banking/ m-banking.
After the application is received, the Director-General of Intellectual Property Rights will conduct a formality check. If all administrative requirements are considered complete, the announcement of the application in the official news mark will be carried out for 2 months.
Within 2 months after the announcement, it turns out that no party has filed an objection, and the application for trademark registration will go to the next stage, namely substantive examination.
The substantive examination will usually last a maximum of 30 days. If during the substantive examination it is decided that the application can be registered, the DJKI will register the trademark and notify the registration of the trademark to the applicant or his proxy.
After being registered, a trademark certificate will be issued and given to the applicant or his proxies. DJI will also make an announcement of trademark registration in the official brand news.
Based on Article 20 of Law no. 20 of 2016, a trademark cannot be registered if:
- Contrary to state ideology, laws, and regulations, morality, religion, decency, or public order.
- The same as, relating to, or simply mentioning the goods or services for which registration is requested.
- Contains elements that can mislead the public about the origin, quality, type, size, type, and purpose of use of goods or services for which registration is requested or is the name of a protected plant variety for similar goods or services.
- Contains information that is not by the quality, benefits, or efficacy of the goods or services produced.
Tips for Accepting Trademark Applications
- Do a brand search. This is important to do so as not to waste time processing registration but eventually, the mark is registered. So, from the start, you should explore first.
- Trademarks must describe or describe the product or service itself well
- If indeed the trademark uses symbols, you should pay attention to the symbols or symbols as well as the use of fonts whether some have used them or not.
- Trademarks must not violate laws and regulations, moral values, and religious values. ‘
- The trademark you register is not meant to deceive existing businesses. The trademark submitted will be rejected if it imitates or resembles the symbol, name, or symbol of another party without approval.
Trademarks that have been registered will have legal protection for 10 years and can be extended for the same period.
The application for an extension will be approved if the applicant attaches a statement letter regarding the mark in question still being used on the goods as stated in the certificate of the mark and the goods are still being produced and/or traded.
That was a brief explanation of important things related to trademarks. From the explanation above, I hope you can understand that trademarks and service marks have an important role and are protected by law so they cannot be used arbitrarily.
In addition to matters relating to trademarks and how to register trademarks, you should also broaden your horizons about the business world with other information that will help grow your business.
Starting from financial reports, business management and management, HR management as employees, and so on. Find all the information you need here. Don’t hesitate to choose a major to accompany your business trip, OK!