Dari Kasus Goto, Pahami Hukum Bisnis Merek

Summary

The transcript discusses the importance of trademark registration and intellectual property (IP) protection for businesses. Experts explain how registering a trademark helps protect a brand, prevent lawsuits, and adds business value. The discussion also covers common trademark disputes, such as the recent legal action between Goto and PT Libur Financial, and the potential risks businesses face if they fail to register or extend their trademarks. Additionally, it highlights the procedures for trademark registration, potential challenges, and the need for entrepreneurs to ensure their brand is unique and legally protected.

Takeaways

• 😀 Entrepreneurs should prioritize trademark registration to protect their brand identity and avoid legal disputes.
• 😀 Registering a trademark provides protection against unauthorized use and ensures legal backing if a dispute arises.
• 😀 Trademarks in Indonesia are valid for 10 years and can be extended for another 10 years.
• 😀 Failure to extend a trademark after its validity period could result in competitors registering the same brand name.
• 😀 Not registering a trademark leaves businesses vulnerable to competition, potential rebranding, and losses.
• 😀 If a brand is not used for three consecutive years, it can be legally challenged for deletion or cancellation.
• 😀 Trademark infringement can lead to lawsuits for cancellation, especially when bad faith or imitation is suspected.
• 😀 Entrepreneurs can search for similar registered trademarks to avoid conflicts by using the Indonesian government's intellectual property database.
• 😀 Entrepreneurs should ensure their trademark has unique pronunciation, design, and classification to avoid legal issues.
• 😀 The trademark registration process can be done online or with the help of a consultant, especially when facing challenges in choosing the correct trademark class.

Q & A

What is the main reason for the trademark dispute between Goto and PT Libur Finansial Teknologi Pengantin?

The dispute arises because PT Libur claims ownership of the 'Goto' trademark, arguing that Gojek and Tokopedia's use of the similar name constitutes unauthorized trademark use, despite 'Goto' being registered by Goto company itself.

Why is it important for entrepreneurs to register their trademarks?

Registering a trademark provides protection against unauthorized use, avoids lawsuits from other parties, unifies a business’s identity, and can enhance the valuation of the business.

What are the legal consequences of not registering a trademark in Indonesia?

If a trademark is not registered, other parties can potentially register it first, causing a loss of rights for the original owner. This can also lead to legal disputes, rebranding costs, and business losses.

What is the validity period for a registered trademark in Indonesia, and how can it be extended?

A registered trademark in Indonesia is valid for 10 years, but it can be renewed for an additional 10-year period, allowing continued protection.

What are the potential issues if a trademark is not renewed on time?

If a trademark is not renewed within the specified period, it could be overtaken by competitors, leading to the loss of exclusive rights to the brand and potential legal complications.

What are the two common reasons for a lawsuit against a registered trademark in Indonesia?

A lawsuit may be filed against a registered trademark if it has not been used for three consecutive years, or if there is an allegation of bad faith or imitation from other parties during the registration process.

How does similarity in trademarks affect legal disputes?

If trademarks are similar in pronunciation, appearance, or configuration, they could be challenged in court. Legal disputes often arise when one brand's trademark is alleged to be too similar to another's, leading to potential confusion or infringement.

What steps should entrepreneurs take to avoid trademark disputes?

Entrepreneurs should conduct a thorough trademark search before registering, ensure that their trademarks are unique, and avoid copying or imitating existing brands. Consulting with an intellectual property expert is also recommended.

What can entrepreneurs do if their trademark is sued?

Entrepreneurs should ensure they have good intentions when registering their trademark, gather proper documentation, and seek legal assistance from intellectual property consultants or lawyers if necessary.

How can entrepreneurs check if a trademark they want to register is already in use?

Entrepreneurs can check the trademark database provided by the Indonesian Ministry of Law and Human Rights or consult with intellectual property consultants to perform a comprehensive search before registration.