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Trademark Registration
I need a trademark registration document for a new brand in the fashion industry, ensuring protection in both national and international markets. The document should include a comprehensive description of the brand's logo and name, and comply with the latest Indonesian intellectual property laws.
What is a Trademark Registration?
Trademark Registration is your legal proof of ownership over a distinctive brand element in Indonesia - like a company name, logo, or slogan. When you register with the Directorate General of Intellectual Property Rights (DGIP), you get exclusive rights to use that mark and stop others from copying it.
Once approved, your registration lasts for 10 years and can be renewed. It gives you strong legal protection under Law No. 20 of 2016 on Marks and Geographical Indications, letting you take action against copycats and build brand value. Many businesses register their trademarks early to protect their market position and prevent costly disputes.
When should you use a Trademark Registration?
Get your Trademark Registration before launching new products or services in Indonesia. The most critical time is when you've created a unique brand element - like a name, logo, or slogan - but haven't yet gone public with it. This prevents others from claiming your mark first and gives you immediate legal protection.
File for registration when expanding into new markets, launching marketing campaigns, or entering business partnerships. Many companies register multiple variations of their mark (in different languages or scripts) to build a stronger defense against infringement. Early registration helps avoid costly rebranding and legal battles later.
What are the different types of Trademark Registration?
- Trademark registrations in Indonesia come in several forms: Word Marks protect company names and text-based identifiers; Logo Marks cover visual symbols and designs; Combined Marks protect both text and design elements together; Sound Marks safeguard distinctive audio signatures; and Three-Dimensional Marks protect unique product packaging or shapes.
- Color Marks protect specific color combinations, while Collective Marks are used by associations for their members' shared use. Non-traditional marks like holograms or motion marks require special application processes through DGIP.
Who should typically use a Trademark Registration?
- Business Owners: Submit Trademark Registration applications to protect their brands, from small local enterprises to large corporations operating across Indonesia.
- IP Attorneys: Handle registration processes, conduct trademark searches, and represent clients in disputes with the DGIP office.
- DGIP Examiners: Review applications, conduct similarity searches, and make decisions on trademark registrations.
- Competitors: Must respect registered trademarks and avoid infringement or face legal consequences.
- Brand Consultants: Help develop registrable marks and advise on protection strategies across different market segments.
How do you write a Trademark Registration?
- Mark Details: Prepare clear images or descriptions of your trademark, including translations if using non-Latin characters.
- Business Information: Gather your company registration details, business address, and contact information.
- Class Selection: Choose relevant Nice Classification classes for your goods or services.
- Clearance Search: Conduct a thorough search of existing marks in the DGIP database to avoid conflicts.
- Supporting Documents: Collect proof of first use, priority claims if applicable, and power of attorney forms.
- Digital Requirements: Prepare electronic versions of your mark in the required format (JPEG, maximum 2MB).
What should be included in a Trademark Registration?
- Mark Description: Clear representation of the trademark, including colors, dimensions, or sound notation if applicable.
- Applicant Details: Full legal name, address, and nationality of the trademark owner.
- Goods/Services List: Detailed specification of products or services under Nice Classification.
- Priority Claim: Filing date and country of origin if claiming convention priority.
- Declaration: Statement confirming ownership and right to use the mark.
- Power of Attorney: Authorization document if filed through a registered IP consultant.
- Supporting Documents: Proof of business registration and identity documents.
What's the difference between a Trademark Registration and a Trademark License Agreement?
Trademark Registration differs significantly from a Trademark License Agreement in both purpose and application. While registration establishes your legal ownership rights with DGIP, a license agreement allows others to use your trademark under specific terms and conditions.
- Legal Protection: Registration provides government-backed protection for 10 years, while a license agreement is a private contract between parties.
- Purpose: Registration prevents others from using your mark without permission, whereas licensing actively permits controlled usage by third parties.
- Control: Registration gives you complete ownership rights, but licensing lets you maintain ownership while generating revenue through authorized use.
- Documentation: Registration requires detailed mark specifications and classifications, while license agreements focus on usage terms, royalties, and quality control measures.
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