The Importance of Trademark Registration for Your Business Success
In the modern business world, brand identity is crucial for achieving success. Therefore, protecting your brand, logo, or tagline should be a top priority for any company, especially new ones. More and more companies are realizing the importance of filing for trademark registration as an initial step to safeguard these valuable assets.
What is a Trademark ?
According to Indonesia’s Trademark Law Number 20 of 2016, a trademark is a sign used on goods or services traded by individuals, groups, or legal entities to distinguish their products or services from others. Trademark registration protects the name, words, slogans, and symbols that identify your company and differentiate it from competitors. This trademark protection is an essential investment in building goodwill and client trust, ultimately enhancing customer satisfaction and sales.
Once your trademark is registered, you are entitled to use the ® symbol and the TM symbol to indicate that the trademark is legally recognized and protected. This also serves as a warning to competitors that you are serious about protecting your trademark rights. The exclusive right to use the trademark applies to the products and services you have registered in a specific territory.
Trademark Registration Process in Indonesia
Trademark registration must be submitted to the Directorate General of Intellectual Property (DJKI) under the Ministry of Law and Human Rights of the Republic of Indonesia. Here are the general steps in the trademark registration process:
- Filing the Trademark Application
The first step is to complete the trademark registration application. If your trademark is in a foreign language, you must include a translation of its meaning into Indonesian, as well as any color and image specifications (if applicable). - Administrative Examination
DJKI will conduct an administrative examination of your application to ensure it meets the applicable standards. If there are discrepancies, you have an additional two months to make corrections. - Trademark Publication
Your trademark will be published on the DJKI website to allow others to raise objections. If there are objections, you can provide a counter-response. If no objections are raised, the registration process can proceed. - Substantive Examination
After publication, DJKI will conduct a substantive examination of your trademark. If DJKI rejects the registration, you can appeal the decision. If approved, the process can move to the next stage. - Notification of Certificate Issuance
DJKI will issue a notification regarding the status of your trademark certificate issuance. - Issuance of Registration Certificate
If approved, DJKI will issue a Trademark Certificate, providing legal protection for 10 years from the date of registration. Trademark registration can be renewed within six months before the expiration date. If late, renewal can still be requested within six months after expiration by paying a penalty.
Benefits of Trademark Registration
- Legal Protection: Prevents others from using a mark identical or similar to yours.
- Exclusive Rights: Grants the exclusive right to use your trademark in a specific territory.
- Increased Trust: Strengthens consumer trust and enhances brand image.
- Asset Value: A registered trademark can become a valuable asset that increases the company’s value.
Trademark Registration Requirements and Restrictions
- Trademark registration must not violate national ideology, law, morality, religion, or public order.
- The registered mark must not mislead the public regarding the origin, quality, type, or purpose of the products/services.
- Trademark registration must not use generic or public domain names.
Entrust Your Trademark Registration to Harmony
With the right steps, your company can easily protect its brand identity in Indonesia. Harmony is ready to assist you at every stage of the trademark registration process, ensuring that all administrative and legal requirements are properly met so you can focus on growing your business.
