Articles

People who have designed a great Mark for their products or services often get asked by their consultants about what the name should actually be called. Because even if a Trademark contains letters or words, these do not always represent Mark’s real name as it is best to be registered. What are factors to bear […]

Some companies just clearly stand out among all others. They produce that coffee with that specific aroma, fabricate those indestructible shoes or simply manage to deliver these frying pans days before their competitors do. Ingenious processes or superior technology often form the base for such companies’ edge over others, and these businesses obviously do not […]

Industrial Design rights are granted to restrict the use of designs by parties not being authorized by the rightsholder to do so. But can applicants for such rights simply submit a simple drawing of their products? Or is a more detailed, technical scheme required? And to which extent does the registration of a design protect […]

The ins and outs of license agreements

Having your Intellectual Property registered on your behalf grants you the exclusive right to use it in trade and commerce. However, as your mark, design or patent grows in popularity, using it might become an interesting possibility for parties willing to pay for it. Such use can be arranged by the establishment of a License […]

Among all intellectual property matters, patent cases are often regarded as being the most complex ones. This makes sense given the difficulties in capturing the essence of what must actually be protected. While trademarks, for example, are often mere images, objects to be patented generally have a specific function and distinctive features that are hard […]

Trademarks can be designed in bright colors, but when it comes to their legal protection intellectual property consultants often file applications for registration containing their black-and-white versions. Why do consultants choose for this approach?  The relation between a trademark’s protection and its registration A trademark enjoys protection as to how it is recorded in its […]

Parties that recently had their intellectual property registered in their home countries and already have plans to expand their businesses abroad can often claim their so-called ‘priority right’. Getting priorities in the protection of your trademark, patent or industrial design, of course, sounds great. But what are exactly the benefits of this right, and how […]

Trademark squatting

Trademark squatting is among the largest problems companies and individuals face when trying to have their marks protected in Indonesia. Various groups in the country monitor promising enterprises from Indonesia and abroad, and file applications for registration of their trademarks before the mark’s actual users do so. These groups’ only goal is to make the […]

First-to-file vs. first-to-use countries

One of the first things intellectual property consultants will check when handling a trademark case involving a foreign-registered trademark is whether this foreign country is a ‘first-to-file’ or a ‘first-to-use’ country. The first-to-file system It is not difficult to guess which party will get the rights over a trademark in a first-to-file jurisdiction. If party […]

Everyone who has ever taken a good look at a Trademark Certificate has most likely noticed that it mentions a certain ‘class’. This class refers to a class of goods or services, and in many jurisdictions – including Indonesia – corresponds with the so-called Nice Classification. But what is the Nice Classification exactly? A brief […]