DOES THE TRADEMARK REGISTRATION IS MANDATORY?
Trademark according to Article 1 number (1) Law Number 20 of 2016 concerning Marks and Geographical Indications (Trademark Law) is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more elements to distinguish goods and / or services produced by persons or legal entities in trading activities of goods and / or services.
Meanwhile, the Trademark right according to Article 1 point 5 of the Trademark Law is an exclusive right granted by the state to the owner of a registered mark for a certain period of time by using the mark himself or giving permission to other parties to use it. In order to obtain rights to a trademark, it is necessary to register a mark with the Directorate General of Intellectual Property. However, is the trademark registration mandatory?
In the Regulations related to trademarks in Indonesia, there are no rules stipulated that registration of a mark is mandatory. Thus, basically registration of a mark is not mandatory and is voluntary. A person will not be punished for not registering the mark he is using. On the other hand, if he registers his trademark, the state will provide legal protection to the owner of the mark from violation of the mark committed by another party.
Although trademark registration is not mandatory, it is very important. Moreover, Indonesia as a country adheres to a first-to-file system, which means that whoever registers the mark first will get protection. Thus, if you do not register the mark that is used and in the future there is a third party who filed trademark registration the same mark for the same type of goods / services, then the third party will get protection for the said trademark, and if you keep using the mark, it can be categorized as infringement of third party’s trademark.
- Indonesian Trademark Law No. 20 of 2016