How a trademark can be considered a well-known trademark in Indonesia?

In accordance with Article 18 Paragraph (3) of Regulation of the Minister of Law and Human Rights No. 67 of 2016 on Trademark Registration, a trademark can be considered a well-known trademark if a trademark fulfils the following criteria:

a.      The public knowledge or recognition degree towards the trademark in the related business field as a well-known trademark;

b.      The sales volume of goods and/or services and profit obtained from the use of the trademark by the owner;

c.       Market share controlled by the trademark in relation to the distribution of goods and/or services in society;

d.      Territory scope of the use of the trademark;

e.       Period of time of the use of the trademark;

f.       Intensity and promotion of the trademark, including the investment value which is used for the promotion;

g.      Trademark registration or trademark application in other countries;

h.     The success degree in law enforcement in the trademark fields, especially regarding the trademark recognition as a well-known trademark by an authorized institution;

i.       The values inherent in a trademark which are obtained from the trademark reputation and quality assurance of the goods and/or services protected by the trademark.

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