Do you love hanging out with your friends at a coffee shop or a restaurant? If you are, then we have something in common then, because I love visiting and having coffee there too! But have you ever seen a coffee shop or a restaurant who uses a well-known brand as their name? Does the restaurant violate the law? If it does, then what law do they violate?
What Is Brand or Mark Actually?
Before we get into the real stuff, we have to know first about the definition of mark or brand. Mark is defined as a symbol that can be graphically exhibited in the form of images, logos, names, words, letters, numbers, and color arrangements in two dimensions, according to Article 1 Point 1 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. to distinguish between goods and/or services created by people or legal entities in the trading of goods and/or services, and/or 3 dimensions, sound, hologram, or a combination of 2 or more of these elements.
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The right to a trademark is then described as an exclusive right given by the state to registered trademark owners for a specific amount of time by using the mark themselves or granting permission to third parties to use it, according to Article 1 Point 5 of the Trademark Law.
Do we have to register our brand?
The rights to a new brand are acquired after the mark is registered at the Directorate General of Intellectual Property (known as DJKI) to protect the categories of goods and/or services covered. In addition, trademark protection is essentially provided after the mark is registered.
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Here are steps that you need to do if you want your brand registered, according to Article 108 point 1 Law Number 11 of 2020 concerning Job Creation:
1. The applicant or his attorney fills out and signs the registration application form, attaches, at least, proof of payment documents, a statement of brand ownership and brand label and submits it to the Minister of Law and Human Rights (known as Menkumham);
2. Applications for trademark registration that have been received by Menkumham are then examined for completeness;
3. If there is a deficiency in the completeness of the requirements, then within 30 working days from the date of receipt of the application, the applicant or his attorney is given time to complete it within 2 months from the date of sending the notification letter to complete the requirements;