What is trademark in Indonesia Law ? Indonesia is one the biggest island countries in the world locating between Indian Ocean and Pacific Ocean. Indonesia is ranked sixth in economic development speed among developing countries with the high indices of GDP per person on average and purchasing power.
Thus, it becomes a potential market for foreign investors in recent years. In Indonesia, trademarks are regulated by The Act no. 20 of 2016 on marks and geographical indications to avoid trademark infringement. So that applicants should register trademarks application in Indonesia when acceding to this market. Hereinafter, we shall give you a clearer look about trademark in Indonesia with some information below:
Firstly, according to article 1, The act number 20 of 2016 on marks and geographical indications, it is defined that:
“Mark” means any sign capable of being represented graphically in the form of drawings, logos, names, words, letters, numerals, colors arrangement, in 2 (two) and/or 3 (three) dimensional shape, sounds, holograms, or combination of 2 (two) or more of those elements to distinguish goods and/or services produced by a person or legal entity in trading goods and/or services.
“Trade Mark” shall mean any “Mark” used for goods traded collectively by a person or several persons or a legal entity to distinguish other similar goods.
“Service Mark” shall mean any “Mark” used for services traded by a person or several persons collectively or legal entity to distinguish other similar services.
To sum up, trademark could be comprised of slogans, words, shapes, colors, or pictures and it is highly recommended that applicants combine those kinds together to appeal their customers’ interest and make the distinguishing features. It is an important key to get possibility of registering trademark. The applicants should check out whether the chosen brand in line with the trademark searching because your mark will be turned down by the trademark office if your selected badge has a similar concept to another party who has previously registered.
Secondly, the benefits applicants can get when registering trademarks in Indonesia?
Patenting the goods and services with trademark is an important step to avoid the high incidence of piracy in Indonesia nowadays. If you register your trademark in Indonesia, you can get some advantages following:
- The enterprises can enjoy the exclusive protection of goods and services against trademark infringement by other parties.
- If there are any trademark disputes, the person whose trademark registration certificate will have advantages over opponents.
- According to “first to file” principle in trademark registration in Indonesia, who files the trademark application first will get the priority to use the trademark and get trademark certificate. As the result, the application of person who wants to register the same or similar trademark will be refused.
- Having trademark registration certificate helps enterprise to consolidate the value of their products or services. They can use this trademark to bring their brand closer to their customers.
In conclusion, widening market in Indonesia is not only a chance but also a challenge for every foreign investor. With high rate of IP infringement in Indonesia, trademark registration is a vital step for applicants and their business that they should do as soon as possible.