BRAND AND PRODUCT REGISTRATION
McDonald’s, KFC, Pizza Hut, Matahari, Ramayana, Ikea.
There are many types of brands that are used everyday or seen. These names of brands are a description of companies that carry out business activities such as McDonald’s that do fast food activities. The names are a representation of the company we know as a brand. A brand is an identity marker of a product or service that is in a trade. Brand And Product Registration have 2 types, namely trademarks and service marks. The main functions of the brand are:
- Distinguishing between one company and another company;
- Representation of products marketed by companies;
- Promotional tools for producers of goods or services from registered brands.
In the current era, digital era is not a difficult thing to check on a brand name in Indonesia and globally. The function of the brand in line with the development of international trade is increasing also changes the value of the brand. The Brand And Product Registration has become a value of company assets that have intellectual property rights of the company.
Doing business in Indonesia with Indo-Ned Consultancy
BRAND AND PRODUCT REGISTRATION IN WITH INDO-NED CONSULTANCY
The Government of Indonesia uses the principles in the Paris Convention which are specifically set out in article 6. article 6 paragraph 3 and article 16 paragraph 1 of TRIPS which is then ratified into Act Number 20 of 2016 concerning Trade Marks and Geographical Indications. Article 1 paragraph 1 of this law regulates the definition of a Mark. that is, a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and / or 3 (three) dimensions, voice, hologram, or a combination of 2 (two) or more of these elements to distinguish goods and / or services produced by persons or legal entities in the trading of goods and / or services.
In 2017, the President of Indonesia, Mr. Joko Widodo said that the Indonesian State became a member in the Madrid protocol. This statement of the President of Indonesia was strengthened by the issuance of Presidential Regulation number 92 of 2017 concerning the Accession of the Madrid Protocol. This statement opens the door for Indonesia to get foreign investors doing business in Indonesia.
Since the statement made by the President of Indonesia, Mr. Joko Widodo, the Government of Indonesia has increasingly made regulations for every business actor registering products or brands. The Indonesian government requires every business actor both foreign and local to register trademarks or services before marketing products in Indonesia. There are no restrictions between foreign and local carrying out business activities, there are only differences in implementation. Specifically, the Government of Indonesia requires foreign business operators who register their trademarks to receive assistance from registered intellectual property consultants who are Indonesian citizens.
The Indonesian government applies the Madrid Protocol principles for its implementation. These principles are:
- First to file: The party registering the trademark for the first time is entitled to the trademark.
- First territories: trademark protection only applies in the country where the registration is made. Trademark does not get protection outside the country where the mark is registered.
The need for trademark registration is done on the basis of needs, namely:
- Get Exclusive Rights after the trademark is registered;
- Product identity markers;
- Distinguishing marks with other products
- Provide trademark protection from piracy and unauthorized use from other parties;
The Government of Indonesia with its function as a supervisory body, has proven from the regulations issued to provide protection for both businesses and products and the names of companies that do business in Indonesia. The process of registering company and product names in Indonesia requires many requirements for both local and foreign.
Our team can assist you in every process that is carried out in the implementation of product and name registration in Indonesia. Our team will provide up-to-date information on the processes carried out in conducting business in Indonesia. You can contact us at info@indo-ned.com for more information or would like to have a meeting schedule with our legal team when you want to set up and start doing business in Indonesia. Please feel free to fill in the registration form on this website at right bottom.
Disclaimer:
The information provided here is based on our long experience. The process or requirement may vary depending on the specific facts and conditions. Besides, the law and regulations in Indonesia subject to frequent changes. Please contact us as your consultant to get an up to date information and accurate advice. More Information click here and You can also follow our social media accounts to see the latest information posts. please click on the following links: Facebook, Instagram, Linkedin, and Twitter.