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Articles

Kanye West's #WhiteLivesMatter could potentially be rejected in Indonesia. What's the reason?
November 17, 2022

Kanye West's #WhiteLivesMatter could potentially be rejected in Indonesia. What's the reason?

At the Paris Fashion Week event some time ago, Kanye West drew controversy because he wore a shirt that read 'White Lives Matter'. It became controversial because the slogan contradicted the slogan 'Black Lives Matter’, which had become a decentralised political and social movement to fight racism, discrimination and racial inequality. The Trademark 'White Lives Matter' in the US is legally owned by two Civic Chipper radio broadcasters: Ramses Ja and Quinton Ward. They were the ones who prevented Kanye from selling T-shirts with that slogan. This case is still a hot topic of discussion in the US. Can a registered Trademark be used by anyone else’s brand? What penalty for using someone else's brand?

ViVO Gas Station & ViVO Smartphone Have the Same Name. Is it Legal?
September 21, 2022

ViVO Gas Station & ViVO Smartphone Have the Same Name. Is it Legal?

The ViVO gas station has recently garnered attention, primarily for providing relatively lower costs amidst rising gas prices. Moreover, some might wonder if ViVo, the gas station, has any relation with ViVO smartphone that shares not only the same name (along with the stylized “i”) but also experiences in Indonesian price wars.

Avoiding Trademark Application Rejection
September 09, 2022

Avoiding Trademark Application Rejection

Applying for a trademark registration could be a difficult thing if you're ill prepared for it. Make sure to be aware of these things before you send out you application.

IP-Based Fictitious Characters are Starting to Threaten the Existence of Models
August 24, 2022

IP-Based Fictitious Characters are Starting to Threaten the Existence of Models

A new wave of influencers has taken over social media, with a more cutting-edge look appealing to younger generations. Digital influencers, also known as virtual humans, are the newest addition to the world of social media marketing. In 2018, Koichi Kishimoto and Takayuki Moriya teamed up to create a new creative-based form of intellectual property (IP). The pink-haired virtual girl called imma is Asia’s first virtual human. Her name was appropriately inspired by the Japanese word for “now.” She has grown a cult-like following with over 350,000 followers on Instagram and over 250,000 followers on TikTok.

5 Reasons Why Registering Your Trademark Is a Must!
August 22, 2022

5 Reasons Why Registering Your Trademark Is a Must!

What is a Trademark? Trademark is your brand’s identity. It can be argued that Trademark can encourage one's business activities, as long as the Trademark is “managed” properly. Using the word "manage" when talking about Trademark is a bit odd. After all, Trademark is not a living thing that can move on its own to help business, so what does "manage your Trademark" mean?

Boys vs Girls: Scouts Battle for Trademark
August 15, 2022

Boys vs Girls: Scouts Battle for Trademark

Scouts are known to uphold positive values such as courage, humility, team work and resourcefulness. However, one case from America proves that even scouts could get involve in disputes

Get To Know: 3D Trademark
August 11, 2022

Get To Know: 3D Trademark

A mark can be any sign or combination of signs capable of distinguishing the goods or services of one individual or enterprise from those of another. The sign generally comprises words, names, numbers, symbols, or a combination of these elements.

Citayam Fashion Week: Stolen From The Public?
July 27, 2022

Citayam Fashion Week: Stolen From The Public?

Recently, news has been circulating that Baim Wong has applied trademark registry for "Citayam Fashion Week", leading many to claim that that he is "stealing" CFW from the public. Is this valid? How does trademark registry work?

Get To Know: Hologram Trademark
July 18, 2022

Get To Know: Hologram Trademark

A mark can be any sign or combination of signs capable of distinguishing the goods or services of one individual or enterprise from those of another. The sign generally comprises words, names, numbers, symbols, or a combination of these elements.

First to File v. First to Use: Find the Difference
July 11, 2022

First to File v. First to Use: Find the Difference

In certain jurisdictions, legal protection for marks can be gained by registration and/or usage of such marks. As a result, marks are protected by two legal systems: a constitutive system based (first-to-file)  and a declarative system (first-to-use).

The Legality of Sound Trademark: Can Audio be Trademarked?
July 06, 2022

The Legality of Sound Trademark: Can Audio be Trademarked?

Picture the word 'Trademark', what exactly appears on your mind? Typically, you'd be picturing images, writings, colors, etc. A visual existence that can be seen and used by the Trademark's owner to market their product. 

5 Indonesian Brands Registered in the United States
July 04, 2022

5 Indonesian Brands Registered in the United States

Hundreds of foreign nationals from other countries open new enterprises in the United States every year. The US government appreciates this trend and acknowledges that the appearance of foreign enterprises, one of which is from Indonesia, has helped create jobs for its residents while also increasing the country's economy.

Is It Possible To Sell Your Trademark in Indonesia?
June 27, 2022

Is It Possible To Sell Your Trademark in Indonesia?

Trademark is an essential component in all areas of business. It may have a significant influence on sales.  A well-known trademark may advertise a product or service that reflects the company and gives a competitive advantage. Due to the fame and good reputation of a trademark, there is a potential that certain parties can commercialize the brand. This article will discuss the legality of selling brands in Indonesia.

5 Reasons Your Trademark Registration Was Rejected
June 20, 2022

5 Reasons Your Trademark Registration Was Rejected

Trademark as the identity of a product is one of the things you must prioritize when marketing your product. Especially if the Trademark in mind is unique or impressive. Because Indonesia adheres to the first to file system, Trademarks should be registered immediately before other parties who have the same idea registers.

Zombie Brands: Resurrecting Trademarks of Dead Products
June 17, 2022

Zombie Brands: Resurrecting Trademarks of Dead Products

Risks always follow a business. The bitter truth is that regardless of how confident we are of our business or product, there’s always a chance that it will fail. Factors such as market competition, technological developments, internal conflicts and so forth, have potential to destroy the lives of entrepreneurs. Furthermore, as we all know, a business is nearly inseparable from a trademark, as sellers would need marks to help differentiate themselves from their competitors. Thus, questions emerge: What happens to trademarks or brands of dead products? Are these “zombie brands” of any use?

5 Unique Stranger Things Collaborations with Prominent Brands
June 16, 2022

5 Unique Stranger Things Collaborations with Prominent Brands

The debut of Stranger Things Season 4 is a long-awaited culmination in Netflix history. The series gives a nostalgic experience set in an 80s atmosphere. Furthermore, the characters can give their charm to the audience. Some companies see this enthusiasm as a prospect of monetizing intellectual property. Monetization is intended to optimize sales from current brands and collaborate with Stranger Things, either by releasing new products or adding some limited edition ones.

KPOPers, beware! Korea Strictly Punishes Fake KPOP Online Merchandise Sellers
May 19, 2022

KPOPers, beware! Korea Strictly Punishes Fake KPOP Online Merchandise Sellers

To combat the distribution of counterfeit Korean pop ("K-Pop") merchandise, the internet market has been closely monitored since February 2022. The Korea Intellectual Property Office, in collaboration with the Korea Music Content Association and entertainment firms, conducts this surveillance.

Ukraine Snake Island Trademark: Can Swear Words Be Registered as Trademark?
April 25, 2022

Ukraine Snake Island Trademark: Can Swear Words Be Registered as Trademark?

Discussing the trademark registry for a war slogan that originated from the Snake Island attack by a Russian warship, and it's hypothetical registry in Indonesia.

Tips on Using the Portmanteau to Create a Trademark
April 19, 2022

Tips on Using the Portmanteau to Create a Trademark

According to Kim and Cho's journal "A content study of advertising transitions: Impact of brand name, persona, and appeals", brand name has a correlation with the reputation possessed by a brand. The portmanteau technique is one of methods to ‘expand’ the company’s business.

Uncle Vanya, the Russian McDonald's, Is it Possible to Establish its Business in Indonesia?
April 13, 2022

Uncle Vanya, the Russian McDonald's, Is it Possible to Establish its Business in Indonesia?

McDonald's officially announced the closing of all of its outlets in Russia on March 8, 2022. This decision resulted in a rather long line at numerous McDonald's locations around Russia. In response to this occurrence, a pianist from Russia self-cuffed himself in front of a McDonald's outlet.

Bangkok Changed its Name, Do All Related Brands Require to Change Theirs?
March 21, 2022

Bangkok Changed its Name, Do All Related Brands Require to Change Theirs?

The Office of the Royal Society Thailand (ORST) declared on February 15, 2022, that Thailand has changed the name of its capital from Bangkok to Krung Thep Maha Nakhon. Krung Thep Maha Nakhon directly means “Great City of Angels.” Thai people, on the other hand, abbreviate it to Krung Thep in daily conversation.

Halal Label Protected by Intellectual Property, Cannot Be Commercialized Without Permission
March 21, 2022

Halal Label Protected by Intellectual Property, Cannot Be Commercialized Without Permission

The Indonesian Halal label authorized by the Halal Product Assurance Administration (“BPJPH“) entered into force nationally in March 2022 with the Decree of the Head of BPJPH Number 40 of 2022. Meanwhile, the Indonesian Ulema Council’s (“MUI“) halal label has been formally revoked and is no longer being applied progressively. The Minister of Religion of the Republic of Indonesia, Yaqut Cholil Qoumas, disclosed the change in the halal label.

Local Proud in 'Paris Fashion Week'
March 13, 2022

Local Proud in 'Paris Fashion Week'

On February 28 to March 8, 2022, 10 (ten) local Indonesian brands participated in a fashion show in Paris, France, including Scarlett, MS Glow, DEKRANASDA, 3Second, La Sabelle, Chayra, Brand No Brand, Greenlight, Shade Signature, and Geprek Bensu.

PING-PONG: A Protected Trademark, NOT A Sport!
March 03, 2022

PING-PONG: A Protected Trademark, NOT A Sport!

Why do most international organizations and governing bodies, such as the Olympics, use the term table tennis instead of ping pong? Read the article to find out more

4 Ways to Protect your Fashion Business in the Metaverse
March 02, 2022

4 Ways to Protect your Fashion Business in the Metaverse

Metaverse gained popularity after Mark Zuckerberg renamed the parent firm Facebook to Meta and established Metaverse. Metaverse is a multi-user virtual reality suite that seamlessly blends physical reality with the digital world.

History of Trademark Laws in Indonesia
November 16, 2021

History of Trademark Laws in Indonesia

Indonesia's trademark laws are relatively new, regardless, the history of Indonesian trademark laws has gone through a number of key stages.

It is OK to Use a Parody Mark?
November 13, 2021

It is OK to Use a Parody Mark?

In the previous article, we discussed the legality of parody in the realm of copyright law. In this article, we will discuss parody in the realm of trademark law. Parody is not only done on creations, there are also many sellers who use parody of well-known marks so as to give a humorous impression of the mark, and can also be one of the marketing methods to increase profits. As an example the well-known mark “ANGRY BIRDS” which was parodied as “ANGKRY NGAN” or the well-known mark “ADIDAS” which was parodied as “AINDA” and “ADIMAS”.

History of Trademark Law
November 09, 2021

History of Trademark Law

Throughout history, merchants have always had a habit of leaving distinguishing marks on their product. How did this practice develop into modern trademarks as we know it today? And how did the idea of trademark protection come about?

Ari Menthol 10's: The Infamous IP Violating Sneakers
November 06, 2021

Ari Menthol 10's: The Infamous IP Violating Sneakers

Art can come in any form, including sneakers. Therefore, sneakers, like any other form of art, can convey a message or a statement. Such is the background of Ari Menthol 10’s

The Important Role of Consultants in Minimizing Rejection of Trademark Registration
June 23, 2021

The Important Role of Consultants in Minimizing Rejection of Trademark Registration

From the data officially released by the DJKI on the pdki-indonesia.dgip.go.id website which can be accessed by the public, it can be seen that the growth of trademark registration continues to increase. Even in 2020 when we have entered the Covid-19 pandemic, there is still 9.43% growth.

Alligator vs. Alligator:  Lacoste vs Crocodile
June 22, 2021

Alligator vs. Alligator: Lacoste vs Crocodile

Both brands are from different countries. One is known as an underwear manufacturer, the other is a well-known polo shirt. Or maybe do you think they are the same?

OREO vs ORIORIO: The Challenges of Owning A Well-Known Trademark
May 27, 2021

OREO vs ORIORIO: The Challenges of Owning A Well-Known Trademark

Turned, licked, dipped, who is unfamiliar with this jingle? OREO, the dark colored biscuits with vanilla cream filling is quite special. The biscuits were produced by Kraft Foods and distributed in Indonesia since 1960. The fame and success of these biscuits encouraged other entrepreneurs to produce similar products with the aim of getting the same success, which in the end became a challenge for Kraft Foods as the creator and owner of the OREO trademark.

The History and Transformation of Coca Cola's Logo
May 12, 2021

The History and Transformation of Coca Cola's Logo

Who here isn't familiar with Coca-Cola? The carbonated soft drink brand can be found in almost every place, from hypermarkets, fast food restaurants, beverage vending machines, to roadside stalls. Until now, Coca-Cola has been marketed in more than 200 countries in the world. But did you know? Coca-Cola has apparently changed its brand logo more than 10 times!

Suharti's Fried Chicken Case
May 09, 2021

Suharti's Fried Chicken Case

You must be familiar with Fried Chicken Restaurant NY. SUHARTI if you are a foodie. This Fried Chicken Restaurant NY. SUHARTI, has been in Indonesia for over 30 years and is well-known for its fried chicken and sauce. Did you know that the name "Suharti" is used by two restaurants?

Similar But Not The Same, Miniso, Usupso, Niceso, and Uniqlo Can Still Exist
May 06, 2021

Similar But Not The Same, Miniso, Usupso, Niceso, and Uniqlo Can Still Exist

Today's daily necessities are easier to find, both online and offline. For Partners who have a hobby of shopping malls, they are certainly familiar with the Uniqlo, Miniso, and Usupso brands. They are all retailers with a Japanese feel.

Rematch Gudang Garam VS Gudang Baru, who will win?
May 04, 2021

Rematch Gudang Garam VS Gudang Baru, who will win?

On March 22, 2021, PT Gudang Garam Tbk filed a lawsuit for the cancellation of the trademark owned by PT Gudang Baru in the Surabaya district court. Previously, PT Gudang Baru was sued in 2012 and lost in the trial. However, PT Gudang Baru did not want to give up its trademark, so PT Gudang Garam sued PT Gudang Baru for the second time.Who is the winner of the second round trial between Gudang Garam vs Gudang Baru?

Intellectual property rights in filmmaking (trademark and merchandising)
March 16, 2021

Intellectual property rights in filmmaking (trademark and merchandising)

To get more profit from the films produced, usually film studios make merchandise related to the movie. Who doesn't know the Transformers movie, this movie is liked by adults and children alike because of its exciting and thrilling. Apart from the movies, transformers are also favored by children because of the merchandise in the form of action figure toys. It is not uncommon for us to see collaborations between transformers and other clothing and toy brands. The question is whether the movie title gets copyrighted?

The law of sale of imitate products
February 25, 2021

The law of sale of imitate products

Counterfeit products are imitation products that are made as closely as possible from the original product. With the increasing need for public consumption, counterfeit products are very popular because by buying counterfeit products we can buy products that are similar to well-known brand products at low prices even though the quality provided is still far from it of the original product.

The tragic story behind the founding of mcdonald's
February 24, 2021

The tragic story behind the founding of mcdonald's

People in Indonesia must be familiar with McDonald's. McDonald's is a fast food restaurant that was founded in America. Itsgood taste, affordable and fast service make this restaurant popular among people all over the world. Behind the success of this restaurant franchise, it lies a tragic story behind it. The following is a story about the founding of McDonald's and the lessons we can take from this story.

Spectrum of Distinctiveness in Trademark
January 06, 2021

Spectrum of Distinctiveness in Trademark

Based on the above provision, it can be clearly seen that a trademark is a sign which has a function to distinguish product produced or sold by one producer from another. Trademark is a unique identity or identifier of a product, thus one of the requirements for a trademark to be registered is the mark must have a distinctiveness. As regulated in Article 20 of the Trademark Law which states that a mark cannot be registered if it does not have distinctiveness. Distinctive of a trademark is the ability of trademark to identify the source of goods in order to distinguish between goods and services

BENEFIT OF OWNING A TRADEMARK RIGHT
June 24, 2020

BENEFIT OF OWNING A TRADEMARK RIGHT

Pursuant to the Article 1 point 5 of Indonesian Law No. 20 of 2016 on Trademark and Geographical Indication, Trademark Right shall mean an exclusive right granted by the State to the owner of registered Mark for a certain period of time to exclusively use such Mark only for him/her or to grant license to other parties to use such Mark. Referring to the said meaning, the trademark owner has fully right of his/her trademark including to forbid other parties in using the trademark or the trademark which is considered having a similarity in essential or entirety to his/her trademark.

COMMON WORD AS MARK
May 27, 2020

COMMON WORD AS MARK

Common word can be filed as a mark as long as it has distinguishing elements from other marks. This is in accordance with the regulation of Article 22 of Law No. 20 of 2016 regarding Trademark and Geographical Indication that “For Registered Mark that subsequently becomes generic name, each Individual may submit Mark Application by using the referred generic name with addition of other wording, as long as there is a differentiating element.”

SUBSTANTIVE EXAMINATION OF APPLICATION FOR REGISTRATION OF MARK
May 13, 2020

SUBSTANTIVE EXAMINATION OF APPLICATION FOR REGISTRATION OF MARK

What is a substantive examination? According to Article 23 Paragraph 1 of Law No. 20 of 2016 regarding Trademark and Geographical Indication, a substantive examination is an examination carried out by the Examiner to application for registration of Mark.

FINALLY, UNILEVER PLC WITHDREW THEIR LAWSUIT AGAINST THE TRADEMARK “NIVEA BLUE COLOR”
April 09, 2020

FINALLY, UNILEVER PLC WITHDREW THEIR LAWSUIT AGAINST THE TRADEMARK “NIVEA BLUE COLOR”

After running approximately 10 years, Unilever PLC as the party who filed an invalidation lawsuit against the trademark “Nivea Blue Color Pantone 280 C” in the name of Beiersdorf AG decided to stop and withdraw the said invalidation lawsuit. This withdrawal of invalidation lawsuit shows that Beiersdorf AG as the proprietor of registered trademark still has an exclusive right of trademark Nivea Blue Color.

A TRADEMARK CANNOT BE REGISTERED BASED ON THE TRADEMARK AND GEOGRAPHICAL INDICATION LAW CORRELATED TO OTHER LAWS
April 06, 2020

A TRADEMARK CANNOT BE REGISTERED BASED ON THE TRADEMARK AND GEOGRAPHICAL INDICATION LAW CORRELATED TO OTHER LAWS

A trademark application cannot be registered due to many reasons, i.e. if the said application contradicts with the Trademark and Geographical Indication Law No. 20 of 2016 (hereinafter referred to as “UUM and IG”), specifically to the Article 20 letter c which asserts “A Mark cannot be Registered if contains elements that may mislead the society on the nature, quality, type, measurement, category, purpose of the usage of goods and/or services applied for registration or it is a name of protected plant variety for similar goods and/or services”

Cadbury and The Purple Color Trademark
February 25, 2020

Cadbury and The Purple Color Trademark

Cadbury is a mark of chocolate and candy that is already very well known in the world and has been existed for almost 100 years. The distinctive feature attached to this British chocolate is its purple packaging. Strongly attached to these characteristics, Cadbury mark chocolate can be easily recognized and distinguished by consumer just by looking at the packaging color. This opportunity was used by Cadbury to propose the "purple" color especially for the purple pantone type 2685C as a single-color mark in 1995. Three years later the "purple" mark was registered at the British Trademark Office by protecting the type of goods "chocolate in the form of bar or tablet."

Indonesian Government finally issues the Law of Creative Economy No. 24 of 2019
December 30, 2019

Indonesian Government finally issues the Law of Creative Economy No. 24 of 2019

One of the attentions of the Indonesian Government under President Joko Widodo is to the creative economy. Remembering that Indonesia’s diversity of culture should be considered as a treasure, the President has a high expectation that Indonesia can maximize the utilization of its cultures. In this case, to maximize the potential of creative economy, the Indonesian Government finally issued the Law No. 24 of 2019 regarding Creative Economy (Creative Economy Law) on 24 October 2019.

Legal Protection of Indecent Trademark based on Law No. 20 year 2016 concerning Trademark and Geographic Indications
October 28, 2019

Legal Protection of Indecent Trademark based on Law No. 20 year 2016 concerning Trademark and Geographic Indications

Trademark has several functions in trade, namely to show the origin of goods to consumer, as a product differentiator, as well as a guarantor of product quality and promotion. [1] In this case, it can be realized that Trademark has a great role for manufacturer in selling its products to consumers because the Trademark becomes the identity of a product. Furthermore, in terms of determining the Trademark to be used, the Trademark owners have freedom to determine the Trademark as what they want to be the identity of their products. However, trademark owners must pay attention to the provisions that apply under the Law Number 20 Year 2016 concerning Trademark and Geographic Indications (Trademark Law). The first thing that the trademark owner must pay attention to is the provision in Article 1 paragraph (1) of the Trademark Law which explains the Trademark definition as follows:

Pelindungan Hukum atas Merek Tidak Senonoh berdasarkan Undang-Undang No. 20 Tahun 2016 tentang Merek dan Indikasi Geografis
October 28, 2019

Pelindungan Hukum atas Merek Tidak Senonoh berdasarkan Undang-Undang No. 20 Tahun 2016 tentang Merek dan Indikasi Geografis

alam hal ini, dapat disadari bahwa merek memiliki peran yang besar bagi produsen dalam menjual produk-produknya ke konsumen karena merek menjadi identitas dari suatu produk. Selanjutnya, dalam hal menentukan merek yang akan digunakan, para pemilik merek memiliki kebebasaan dalam menentukan merek seperti apa yang mereka inginkan untuk menjadi identitas dari produk-produk mereka. Namun demikian, para pemilik merek dalam pembuatan mereknya harus memperhatikan ketentuan-ketentuan yang berlaku berdasarkan Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis (UU Merek).

The Effect of the Issuance of Presidential Regulation No. 63 of 2019 on the Use of Indonesian Language for Trademarks Owned by the Indonesian Citizens and/or Indonesian Legal Entities
October 16, 2019

The Effect of the Issuance of Presidential Regulation No. 63 of 2019 on the Use of Indonesian Language for Trademarks Owned by the Indonesian Citizens and/or Indonesian Legal Entities

The President of Indonesia finally issued the Presidential Regulation No. 63 of 2019 on the Use of Indonesian Language (Regulation 63/2019) on 30 September 2019 in order to replace the Presidential regulation No. 16 of 2010 on the Use of Indonesian Language in the Official Speech of President and/or Vice President along with other State Officials, and to support the Law No. 24 of 2009 regarding the National Flag, Language, Coat of Arms and Anthem (Language Law 24/2009).

McDonald's Losing Its Mc in Europe
August 30, 2019

McDonald's Losing Its Mc in Europe

McDonald's has lost its mark protection to one of its mark, "Mc" after previously losing its mark protection to its "Bigmac" mark. Cancellation of "Mc" mark re-registration was based on objections raised by rival company Supermac's European Union Intellectual Property Office (EUIPO). The case between McDonald's and Supermac's began with Supermac's difficulties in applying for registration of the "Supermac's" mark in the European Union because it was always prevented by McDonald's parties who objected to EUIPO on the basis that they had an exclusive right to use the word "Mc" so that there should be no other party who may use the mark other than McDonald's.

Adidas Loses Protection of its “3 Stripes” Brand in Europe
July 09, 2019

Adidas Loses Protection of its “3 Stripes” Brand in Europe

On June 19, 2019, the European Union General Court ruled that Adidas AG's "3 Lines" mark was canceled for registration in the European Union. The reason for canceling the mark is that the Court considers that Adidas's mark does not have sufficient distinguishing power to be protected as a trademark so that the decision of the European Union Intellectual Property Office (EUIPO) to cancel Adidas's "3 Lines" trademark is appropriate.

Mark Counterfeit Prevention by AMAZON's
April 05, 2019

Mark Counterfeit Prevention by AMAZON's

As is known, in the modern era trade in goods and/or services can not only be done through conventional means but trade can also be done through electronic commerce (e-commerce). Various facilities are offered through e-commerce so that the activity is much in demand by public because consumers are given the convenience to buy goods using only electronic devices such as computer, laptop and handphone.