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	Trademark What is a Mark? Mark shall mean a sign in the form of a picture, name, word, letters, numerals, composition of colours, or combination of said elements having distinguishing features and used in the activities of trade in goods or services. Mark is an intellectual property having economical value which can be increased in the products and technology. Mark is a business asset. Mark is having its close relation with business image, goodwill and reputation. Trademark shall mean a Mark that is used on goods traded by a person or several persons jointly or legal entity to distinguish the goods from other goods of the same kind. Service mark shall mean a Mark that is used for service traded by a person or several persons jointly or legal entity to distinguish the service from other services of the same kind. Trademark Law in Indonesia Colonial Trademark Law since 1885 and renewed with Trademark Law No. 21 year 1961, which then changed with Trademark Law No. 19 year 1992 and amended with Trademark Law No. 14 year 1997 and latest Trademark Law No. 15 year 2001. Ideas of Mark Protection - To protect business reputation and goodwill - To protect consumers from deception - To prevent the buying public from purchasing inferior goods or services in the mistaken believe that they are originated or provided by another trade. (David I.Bainbridge – “Intellectual Property 2^nd edition”). How will the public obtain Mark Protection? - To register Marks nationally and internationally - To study law system that regulate Intellectual Property Rights (IPR) aspects - To consult with IPR consultants Advantages of Mark Protection - Mark may generate income for companies by licensing, selling, commercialization of the protected mark - Mark may increase the appreciation or assurance for investors and financial institution - In selling or asset merger, mark may significantly increase the company’s appraisal - Mark may enhance the performance and competitiveness - By registering a mark, it may assist the protection and the right enforcement. The reasons to register Mark registration - Exclusive rights inside the market/export - Strong market position - The return of investment - Opportunity of licensing or selling - Strengthen the negotiation - Offer positive image for the company - Enhance the opportunity to obtain customers from products and services Advantages of Mark registration for marketing of products and services - Mark is the face of business to distinguish which products or services owned by you and the competitors. - Mark registration may maximized the product differentiation, advertisement and marketing that profitable in international marketing - Mark will assure the consistent quality, it is required to be careful in choosing and designing a mark for protection in advertisement and to be well thought on the misuse by others. The lost of companies for not registering the Mark - The lower of income - The less loyalty of customers on un-branded products - Difficulties in marketing and advertisement of products or services in either domestic or abroad - Difficulties in right authorities Marks that are unregistrable - Applicants with bad faith - Contradicting with the prevailing rules of law, morality, religions and public order. - Having no distinguishing features - Having became public property - Constituting information of goods/services - Having similarity in its essential part or entirety with registered mark for the same kind of goods/services - Having similarity in its essential part with a well-known mark - Having similarity in its essential part with a known geographical indication The duration of mark protection and attorney - Ten years as of the completeness of application - Can be renewed by paying the fees - Applicant outside Indonesia must appoint an IPR consultant - It is a must to choose the domicile of attorney as the legal attorney in Indonesia Geographical Indication Geographical indication is protected as a sign which indicates the place of origin of goods, which due to its geographical environment factors, including the factor of the nature, the people or the combination of two factors, gives a specific characteristics and quality on the goods produced therein. The function of mark registration - Evidence tools - Reason to refuse other party’s registrations - Preventing others to use the same mark Requirements to file an application of mark registration The requirement needed for filing trademark application of registration are as follows: 1. The Power of attorney (simply sign) 2. Declaration Letter (simply sign) 3. Copy of Identy Card of the owner or Director (For company) 4. Copy of NPWP and Company Notary Akte (legalize) (For company) 5. Copy of the stand of the company (legalize) 6. Mark labels, contains by 25 sheets per mark per class, the minimum size = 2 x 2 cm; the maximum size = 9 x 9 cm (based on the labels which is describe in the certificate of the mark). Before the trademark being filed, first we have to do the search of the trademark to the Trademark Office, Directorate General of Intellectual Property. For foreign applicant : 1. An Application that is filed by an Applicant who resides or permanently domiciles outside the territory of the Republic of Indonesia must be filed through a Proxy in Indonesia. (Article 10 Law of the Republic of Indonesia No.15 Year 2001). 2. The Applicant as referred to in paragraph (1) shall state and choose the address of his Proxy as his legal address in Indonesia. The requirement are as follows : - Power of Attorney, Declaration Letter, Mark label (25 sheets). - Mark labels, contains by 25 sheets per mark per class, the minimum size = 2 x 2 cm; the maximum size = 9 x 9 cm (based on the labels which is describe in the certificate of the mark). Renewing for filing the application of the trademark A renewal of the trademark is goods/service mark which have registered and the expiration of the protection will be end (“the period of the protection of trademark within 10 years and can be renewed for the period” by virtue of article 28 of Indonesian Trademark Law No. 15 of 2001) so we need to apply of a renewal of trademark registration for good/service so that the trademark is still registered in Trademark Office, Directorate General of Intellectual Property Right. As for the requirement which is needed for filing renewal trademark application of registration are as follows: 1. The Power of attorney (simply sign) 2. Declaration Letter (simply sign) 3. Copy of Identy Card of the owner or Director 4. Copy of NPWP and Company Notary Akte (legalize) (For company) 5. Copy of the stand of the company (legalize) (For company) 6. Mark label for 25 sheets per mark per class, the minimum size = 2 x 2 cm; the maximum size = 9 x 9 cm (based on the label which is describe in the certificate of the mark). Priority Right Priority right shall mean the right of an Applicant to file an application originating from a member of the Paris Convention for the Protection of Industrial Property of the Agreement Establishing the World Trade Organization in order to get recognition that the filing date of the country of origin be the priority date in the country of designation that is also a member country of the two agreements, provided that the filing of the application is made during the period prescribed in the Paris Convention for the Protection of Industrial Property. The duration of the registration completion Formality examination : 30 days Substantive examination : 9 months Announcement preparation : 10 days Announcement : 3 months Certification : 30 days Total : 14 months 10 days (See the mark registration process) The right to a mark The right to a mark is the exclusive right granted by the State to the owner of a mark which is registered in the General Register of Marks for a certain period of time, to himself use said mark or to grant permission to another party to use it. Period of protection of a mark A registered mark shall have legal protection for a period of 10 years from the filing date and the protection period can be extended for another 10 years. The renewal is to be filed within 1 (one) year prior to the expiration of the protection period. The rights of the owner of registered mark - The right to use the mark for himself - The right to transfer the mark to another party - The right to give permission to other party to use the mark - The right to renew the legal protection for the mark - The right to conduct a lawsuit by either civil or criminal cases - The right to get legal protection from any lawsuit by either civil or criminal cases filed by other party’s The licensing of mark - The owner of registered mark is entitle d to grant a license to another person - The license agreement shall be valid for the entire territory of the Republic of Indonesia - The period is not exceeding the period of protection - To be recorded at Directorate General of Intellectual Property Rights Transfer of the Right to the Mark By means of : inheritance, testament, donation, agreement or other reasons recognized by law Proxy Proxy shall mean a consultant of intellectual property rights which is registered at the Directorate General of Intellectual Property Rights. Complaints The criminal offences referred to in Article 90, Article 91, Article 92, Article 93, and Article 94 of Law No. 15 year 2001 on Marks shall be offense that warrants complaint. Opposition/Objection Opposition/objection is an effort which is conducted to the application of registration of mark of good/service of other party owning a similarity in essence and also in entirety with the trademark which have been registered before at Trademark Office. Filing an Oposition/Objection is conducted by the owner of trademark which have been registered in writing through their Law Authority during publication period (a period of publiciation within 3 month; Article 22 Section 1 of Indonesian Trademark Law No. 15 of 2001) that is addressed to Directorate General of Intellectual Property Right. The aim is to avoid the existence 2 (two) or more the same mark with different owner or in order to application of registration of mark of goods/service which having the similarity in essence and entirety with other mark which have been registered before been refused by Trademark Office, Directorate General of Intellectual Property. As for the requirement which is needed for filing trademark application of registration are as follows: 1. The Power of attorney (simply sign) 2. Copy of Trademark Certificate 3. The brochures or leaflets 4. The entertainment in media print and electronic (if there is). Rebuttal Rebuttal is a disagreement or denial which is conducted to the the opposition/objection that have filed by the other party to the individuality or a company who filed an application of a registration of trademark. Rebuttal or denial is conveyed by giving the reasons and legal basic of Law that the opposition/objection filed by the other party is not true and it does not have a basic of Law and strong evidence, for example that the trademark which is field does not have a similarity in essence and entirely at all even in the writing, the letter structure, the pronunciation or it can be if the first owner of the trademark based on the strong evidence. As for the requirement which is needed for filing trademark application of registration are as follows: 1. The Power of attorney (simply sign) 2. Copy of the application of registration of the trademark 3. The brochures or leaflets and the other evidence The Recordation of the Assignment The recordation of the assignment is conducted if there is a party of the trademark owning do the assignment to the other party of their trademark by something lawful cause. This assignment must be noted to the Trademark Office, Directorate General of Intellectual Property. As for the requirement which is needed for filing trademark application of registration are as follows : 1. The Power of attorney (simply sign) 2. The Declaration (simply sign) 3. The evidence of the assignment from the the right giver to the right receiver 4. Copy of Certificate of good/service mark The Recordation of the Change of Name The Recordation of name is conducted by the owner of the trademark which name has been registered even in individuality or a Corporation company such as those which as described at the certificate. This Change of Name must be noted to the Trademark Office, Directorate General of Intellectual Property. As for the requirement which is needed for filing trademark application of registration are as follows: 1. The Power of attorney (simply sign) 2. Copy of akte change of the name of the company (for Indonesian owner) 3. Copy of Certificate of trademark good/service The Recordation of Change of Address The Recordation of Change of address is conducted by the owner of the registered trademark if the owner has change the Address/Place. The Change of address must be noted to the Trademark Office, Directorate General of Intellectual Property. As for the requirement which is needed for filing trademark application of registration are as follows: 1. The Power of attorney (simply sign) 2. The evidence of Change of Address 3. Copy of Certificate of trademark good/service. Search Search must be conducted before the application of the registration good/service is filed. The aim is to know whether the trademark of good/service to be asked its registration there have been enlisted at Trademark Office, Directorate General of Intellectual Property in the name of the other party or the trademark has the similarity in essence or the entirely from the other party trademark which have been asked the registration before. As for the requirement which is needed for filing trademark application of registration are as follows: 1. The name of the trademark and the kind of good/service (the class of good/service). 2. Mark Label for 3 (three) sheets. Legal opinion Legal opinion is a Law opinion to aspect which is concerning about Law problems specially everything which connected with the trademark. Legal opinion which is given depends on the fundamental problems faced by requiring party. Investigation Investigation is an inspection report, direct observation whether there is a desire from party owner of the trademark who feels that there is other party who has used the trademark to conduct law action furthermore. Litigation and Non Litigation Litigation and Non Litigation is an effort which have been done of the law problems which is connected with good/service trademark in the court step or out of court. Deletion of marks On the initiative of the Trademark Office : The mark has not been used for 3 (three) consecutive years in trade of goods and/or services from the date of registration or of the latest use. The mark is used for the kind of goods and or service which is not in pursuant to the kind of goods or services for which the mark application for registration was filed. At the request of the owner of the mark concerned Based on the decision of the court References : - Short course in Intellectual Property Right (Elementary) - Asian Law Group Pty Ltd. - Ausaid. - Directorate General of Intellectual Property Right - Indonesian Ministerial of Justice and Human Right. Overview \| Legal Service \| Attorney \| Clients/Partners \| Download \| Contact Us \| English \| Indonesian

Trademark