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TIPS EASY TO REGISTER TRADEMARKS DURING PANDEMIC
- 2021-11-08 07:58:55

In a pandemic situation with the policy of Enforcement of Community Activity Restrictions (PPKM) which creates limited space for movement, but there is no need to worry about trademark registration at this time the Directorate General of Intellectual Property Rights (DJKI) of the Indonesian Ministry of Law and Human Rights has carried out online services. Everyone can apply for Mark registration through their respective homes or offices by uploading the required documents to the system provided by the DJKI.

DJKI has provided an online service for registering trademarks online through the website www.merek.dgip.go.id.  The following are the steps that can be taken to apply for trademark registration online:

  1. Register an account on the website merek.dgip.go.id and fill out the registration form provided;
  2. Wait for the reply email for account activation and select account activation to continue;

Order Billing Code

  1. Go to the website www.simpaki.dgip.go.id;
  2. Select “Brand and Geographical Indication” on the type of service ;
  3. Select “Registration of Mark Registration Submitted By” ;
  4. Select “Micro and Small Business” or “General” ;
  5. Select “Electronically (Online);
  6. Enter the Applicant Data and Application Data (name, complete address, email, cellphone number, etc.);
  7. Make PNBP payments via ATM/internet banking/m-banking;

Enter the application data through the website www.merek.dgip.go.id

  1. Log in to the website account merek.dgip.go.id, enter your username and password;
  2. Select “Online Application” ;
  3. Select '+ Add' and then select 'Already' for the billing code that has been ordered through the website www.simpaki.dgip.go.id;
  4. Step 1: Select the type of application, enter the billing code that has been paid;
  5. Step 2: Enter the applicant's data;
  6. Step 3: Fill in if the application is authorized (ki consultant);
  7. Step 4: Fill in if you have priority rights;
  8. Step 5: Enter Brand data;
  9. Step 6: Enter Class data by clicking “Add”;
  10. Step 7 : Click “Add” to upload the required document attachment;
  11. Step 8: Preview (make sure all your data is correct;
  12. Step 9: Print the Draft Receipt;

In addition, before registering a Mark, it should be determined in advance whether the Mark to be registered complies with the criteria for a Mark that can be registered in accordance with the applicable laws and regulations. Based on the provisions of Article 20 of Law Number 20 of 2016 concerning Marks and Geographical Indications it is stated as follows:

“A Mark cannot be registered if:

  1. it is contrary to the state ideology, laws and regulations, morality, religions, decency, or public order;
  2. it is similar, related to, or simply mention goods and/or services whose registration is applied;
  3. it contains elements which may mislead the public regarding the origin, quality, type, size, kind, the intended use of the goods and/or services whose registration is applied or constitutes the names of protected plant varieties for similar goods and/or services;
  4. it contains information that is not in accordance with the quality, benefits, or efficacy of the produced goods and/or services;
  5. it has no distinguishing power; and/or
  6. it is a common name and/or symbol of public property.”

For those who wish to register a Mark, it is also necessary to check whether the Mark to be registered has similarities in its essence or in its entirety with a Registered Mark that is owned by other parties or is applied in advance by other parties, or do not have similarities with well-known Marks. Checking the rights to the Mark can be done through the website www.pdki-indonesia.dgip.go.id.

There are several things that must be considered so that the Mark that we submit is not submitted by opposition (objection) by other Mark owners, including the following:

  1. The proposed Mark does not have similarities in principle or in its entirety with the Mark that has been previously registered or an application is submitted for similar goods and/or services;
  2. The proposed Mark does not have similarities in principle or in its entirety with a well-known Mark for similar goods and/or services;
  3. The proposed Mark does not have similarities in principle or in its entirety with a well-known Mark for different goods and/or services that meet certain “Cross Class” requirements;
  4. The mark submitted is not the name or abbreviation of the name of a famous person, photo, or name of a legal entity belonging to another person, except with the written consent of the person entitled;
  5. The mark submitted is not an imitation or resembles an official sign or stamp or stamp used by the state or government agency, except with written approval from the authorized official;
  6. The proposed Mark is not submitted on the basis of bad faith, piggybacking on the fame of another Mark or causing unfair business competition conditions;
  7. And other matters regulated in the applicable laws and regulations.

If you find difficulties in registering the Mark in question, you can contact HALO DJKI (CALL CENTER) 152 or you can contact your trusted Intellectual Property Consultant.

SOURCES :

Undang-Undang Nomor 20 Tahun 2016 Tentang Merek dan Indikasi Geografis.

https://www.dgip.go.id/menu-utama/merek/syarat-prosedur



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