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.
What is interesting from this data is that the number of rejections issued annually continues to decline, when compared to the number of applications for trademark registration in the same year. From around 20% in 2015, the number continues to decline. Only around 19% in 2016-2017, up to 8% in 2019, and only 0.73% in 2020.
So what exactly causes the application for registration to be rejected?
According to Article 20 of Law no. 20 of 2016 regarding Marks and Geographical Indications (UU MIG), a Mark cannot be registered if:
- Contrary to state ideology, laws and regulations, morality, religion, morality, or public order;
- Same with, relating to, or only mentioning goods and/or services for which registration is requested;
- Contains elements that can mislead the public about the origin, quality, type, size, type, purpose of use of goods and/or services for which registration is requested or is the name of a protected plant variety for similar goods and/or services;
- Contains information that is not in accordance with the quality, benefits, or efficacy of the goods and/or services produced;
- Has no distinguishing power; and/or
- Is a common name and/or symbol of public property.
It is further explained in Article 21 of the MIG Law, that:
- The application is rejected if the Mark has similarities in principle or in whole with:
- A registered mark belonging to another party or previously requested by another party for similar goods and/or services;
- Well-known marks belonging to other parties for similar goods and/or services;
- Well-known marks belonging to other parties for goods and/or services of a different kind that meet certain requirements; or
- Registered Geographical Indications.
- The application is rejected if the Mark:
- Is or resembles the name or abbreviation of the name of a famous person, photo, or name of a legal entity owned by another person, except with the written consent of the person entitled;
- Is an imitation or resembles the name or abbreviation of the name, flag, symbol or symbol or emblem of a country, or national or international institution, except with written approval from the competent authority; or
- An imitation or resembling an official sign or stamp or seal used by a state or government agency, except with the written approval of the competent authority.
- An application is rejected if it is submitted by an applicant with bad intentions
- Further provisions regarding rejection of Mark Application as referred to in paragraph (1) letter a to letter c shall be regulated by a Ministerial Regulation.
From those explanations, the role of an Intellectual Property (IP) consultant is needed to help so that the Mark to be registered is not rejected. The advantages of using the services of an IP consultant can vary for someone who wants to use their services, including:
- Explanation of registration and what documents are required;
- Experience in the best approach to applying;
- Cost efficiency, the applicant only needs to ask the IP consultant to update the application status, there is no need to come to the office of the Directorate General of IP;
- Other additional services that are in accordance with the wishes of the Applicant.
Am Badar & Am Badar as Intellectual Property consultants in Indonesia, have helped many clients both at home and abroad in guaranteeing Intellectual Property rights in Indonesia. Do not hesitate to contact us at email@example.com if you have further questions regarding Intellectual Property. Our experienced consultants will be happy to assist you.
Law No. 20 of 2016 regarding Marks and Geographical Indication