On Thursday, 16th March 2023, we at Am Badar & Am Badar conducted a Webinar about "Strategies and Tips to Preventing Trademark Disputes in Business." This program aims to educate entrepreneurs, especially MSMEs (Micro, Small, and Medium Enterprises), and public sectors. We prompt them to be more aware of any actions that can cause trademark disputes. This webinar is one of Am Badar & Am Badar's efforts in supporting the realization of the DGIP program, which is set for 2023 as the Trademark Thematic Year.

 

What is Trademark Thematic Year of 2023?

2023 as the thematic year of trademark, is one of DGIP's goals to strengthen the trademark regime as an intellectual property right that has an essential role in the national economy.

Quoting from DGIP's website, Zaeroji once said that a trademark is one of the most demanded intellectual property works by business actors. "Trademark is an intellectual property that is absolutely needed by businesses in running their business."

 

There are several revolutionary programs to improve the quality and competitiveness of human resources through the "Safari Minister of Law and Human Rights of the Republic of Indonesia" and "The Indonesia IP Academy."

 

There is also a mental revolution and cultural development program called One Village One Brand (Collective Brand) to encourage the IP-based regional economy in every village or district by having one brand collectively owned by a community engaged in one particular field in MSMEs or the creative economy (Ekraf).

 

After the DGIP previously designated 2022 as a Copyright year, it has increased the number of copyright registrations through the POP HC (Automatic Approval of Copyright Recording) system. In 2023, DGIP also targeted the percentage of registration through the POP Merek (Automatic Trademark Service Approval) system will increase.

 

Benefits of the "POP Merek" System for Business

With the existence of the POP Merek system, business actors from within the country and abroad can make it easier to register and renew their trademarks. 

Trademark registration must be carried out nationally and internationally to become stronger and widely known by consumers.

There are three sub-programs in this POP Merek system, including:

1. Automated Approval of Trademark Protection Period, this service is used by trademark owners who have obtained a trademark certificate for ten years and wish to use their trademark for the next ten years. It can be started six months before the end of the trademark protection period;
2. Automatic Registration Approval of Trademark License, license is a permit granted by the owner of intellectual property rights to another party to use, utilize, or exercise intellectual property rights based on a written agreement within a certain period and under certain conditions. This license needs to be registered so that the business can run smoothly and anticipate infringement by one of the parties;
3. Trademark Authorized Automatic Quote Approval, the excerpt is a copy of the applicant's trademark certificate filed and approved by the trademark. An excerpt can be used as a substitute if the original certificate is lost. The applicant can complete several documents, such as a trademark certificate; and stamped IP consultant power of attorney (if using a consultant).

 

The Role of Am Badar & Am Badar As IP Consulting Service Providers

In this program, it is required that registration can be carried out independently or represented by a legal representative through an IP consultant. We at Am Badar & Am Badar, as IP consultant service providers, also participate in providing quality IP consulting services. We provide legal services for marks not only from the registration process to receipt of the trademark but also monitor the process regarding possible disputes in the future.

 

Benefits of Trademark Registration Through IP Consultants

Based on our 57 years of experience as an intellectual property law office, we see the benefits of registering and protecting marks through IP consultants, including:

1. You can consult about the trademark rejection potential before officially registering it;
2. You can consult to make efforts so that the upgraded trademark can be accepted;
3. You can consult the strategies to change a mark that has been rejected or cancel its registration so that its status can be changed to an accepted and legally protected trademark;
4. Obtaining legal advice in the form of strategies and tips to protect trademark that have been registered;
5. Obtain legal views regarding risk mitigation of trademark disputes potential in the future;
6. It will be easier for companies from abroad to register their trademarks in Indonesia because they use the services of expert legal consultants in applying the national legal rules that apply in Indonesia.

 

When you believe that Indonesia is the right market for your product or service, Am Badar & Am Badar IP Law Firm, as an Intellectual Property Consultant with more than 57 years of experience in Indonesia, is the right partner.

Our service does not only cover the registration process until it is accepted but also the monitoring process at a later date, where it is possible that the mark that you have registered is copied or misused by other parties who are not responsible.

Am Badar and Am Badar IP Law Firm are the right places for partners who need IP-related services or consultations. We will provide the best solution according to your situation.

Contact us via ambadar@ambadar.co.id 

 

 

 

 

 

References:

dgip.go.id

dgip.go.id

dgip.go.id

kontrakhukum.com

jatim.kemenkumham.go.id