Brand
Trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and / or 3 (three) dimensions, sound, holograms, or a combination of 2 (two) or more elements to distinguish goods and / or services produced by persons or legal entities in the trading activities of goods and / or services.
The use of Trademark functions as:
- Identification mark to distinguish the production produced by a person or several persons jointly or legal entity with the production of other persons or other legal entities;
- A promotional tool, so as to promote their products simply by mentioning the Trademark;
- Guarantee of the quality of the goods;
- Indicators of origin of goods/services produced.
Trademark registration functions as:
- Evidence for the rightful owner of the registered Trademark;
- The basis for the rejection of the same Trademark as a whole or the same in essence applied for registration by others for similar goods/services;
- The basis for preventing others from using the same Trademark in its entirety or substantially the same in circulation for similar goods/services.
Trademarks that cannot be registered
- Contrary to the state ideology, laws and regulations, morality, religion, decency, or public order;
- Similar to, related to, or merely mentions the goods and/or services for which registration is applied;
- Contains elements that may mislead the public about the origin, quality, type, size, variety, purpose of use of the goods and/or services for which registration is sought or is the name of a protected plant variety for similar goods and/or services;
- Contains information that is not in accordance with the quality, benefits, or efficacy of the goods and/or services produced;
- Has no distinguishing power; and/or
- A common name and/or symbol of public property.
Trademark registration application is rejected if the Trademark:
- Has similarities in essence or in its entirety with Trademarks owned by other parties that have been registered earlier for similar goods and/or services;
- Substantially or entirely similar to a well-known trademark owned by another party for similar goods and/or services;
- Substantially or wholly similar to a well-known trademark owned by another party for non-similar goods and/or services insofar as it fulfills certain requirements further stipulated by government regulation;
- Has similarities in essence or in its entirety with well-known geographical indications;
- Resembles the name of a famous person, photograph, or the name of a legal entity owned by another person, except with the written consent of the rightful party;
- Imitates or resembles the name or abbreviation of the name, flag, emblem or symbol or emblem of a state or national or international institution, except with the written consent of the authorized party;
- An imitation or resembles a sign or stamp or official seal used by the State or a government institution, except for the written consent of the authorized party.
Period of legal protection of registered trademarks:
Registered trademarks receive legal protection for a period of 10 years from the date of receipt of the application for registration of the relevant trademark and the period of protection can be extended.
Requirements and Application Documents
Requirements and Application Documents
- Copy of Identity Card (KTP) & NPWP (if any)
- Brand Etiquette/Label
- Applicant’s Signature
- Assisted SME Recommendation Letter or Office Assisted SME Certificate (Original) – For Micro and Small Business Applicants (Download Sample UMK Letter)
- UMK Statement Letter with Stamp Duty – For Micro and Small Business Applicants (Download Sample UMK Statement Letter)
- Link to Download Form
