trademark indonesia

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 […]

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 […]

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 […]

The Minister of Communication and Information has announced that the ministry will issue new regulations to providers of mobile application/internet content providers. This proposed regulation will cover the following: a. Compliance with existing laws: Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition Law No. 7 of 2014 on […]

The Madrid System offers trademark holders the opportunity file for trademark protection in multiple countries within one application, and therefore seems to be perfect for entrepreneurs with international ambitions. But is the Madrid System always the best choice for foreign parties to have their trademarks registered in Indonesia? Advantages of the Madrid System 1. The […]

Article 21 of Indonesian Trademark Law 20/2016 mentions an application for trademark registration is to be refused by the DGIP if it has been filed in bad faith. ‘Bad faith’ is however a broad and rather unclear term, which in trademark law often forms the core of cancellation lawsuits and demands for damages. How does […]

Generic vs Descriptive Trademarks

Article 20 of Indonesian Trademark Law 20/2016 describes how a trademark can not be registered if it merely describes the goods or services being offered under it. Names can be considered descriptive for two reasons. The word can already be found in the dictionary as being a definition of the goods and services a party […]