5 Things You Should Consider Before Registering a Trademark
Corporate Secretary Service Indonesia – Your business or enterprise cannot be separated from the Brand or Trademark or Intellectual Property Right, which is the identity of your product or service. However, for your Brand to be legally protected in Indonesia, there are five things you should consider before registering a Trademark or Intellectual Property Right.
1. Is your Trademark descriptive?
To be registered, a Trademark must be unique. If the Trademark applied for registration is the same as related to, or only mentions, the goods and/or services used for registration. The Directorate General of Intellectual Property will likely reject your Trademark registration application. An example of a descriptive Trademark is “KOPI”, where the type of goods protected is coffee.
2. Your Brand is misleading
According to Article 20 c of Law Number 20 of 2016 concerning Brands and Geographical Indications, a Brand cannot be registered if it contains elements that can mislead the public about the origin, quality, type, size, kind, purpose of use of the goods and/or services for which registration is requested or is the name of a protected plant variety for similar goods and/or services.
In addition, your Brand must not contain information that does not correspond to the quality, benefits, or properties of the goods and/or services produced. For example, the Brand “Teh No. 1” cannot be registered because it misleads the public regarding the quality of the tea. Thus, you must be very careful in designing and preparing the brand for which you wish to apply for registration!
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3. Your Brand is contrary to public order
What is meant by “contrary to public order”? What is meant by “contrary to public order” is not in line with existing regulations in society that are comprehensive, such as offending the feelings of the community or group, offending the general politeness or ethics of the community, and offending the peace of the community or group. Thus, you should consider whether your brand will cause controversy in the future.
4. Your Brand is a generic name
Suppose your business or business is related to a restaurant or food service. In that case, your Brand should not use only general words like “restaurant” or “cafe”. To be registered, you should add a unique distinguishing word element, for example, “Pak ABC restaurant”.
5. Has your Brand been registered in someone else’s name?
Equally important is to ensure that your Brand has never been applied for registration or has been registered by another party. We strongly recommend that you research first to avoid other problems arising from the above.
Don’t worry about developing your business by setting up a company in Indonesia, because Portcorp is here as a solution for your business, also when you need Intellectual Property Rightregistration. Portcorp is your comprehensive corporate secretary service in Indonesia. With our presence, you can get a dedicated company secretary to support you to what you need. Our company secretaries will track deadlines and file paperwork so your business keeps running smoothly. Contact us now on +6221-5020-8090 for your business succeed in the future!
