#HAKMEREK ; MENGAPA MEREK PERLU DIDAFTARKAN? #kekayaanintelektual

Summary

In this video, the speaker discusses the importance of registering trademarks, particularly in the context of intellectual property rights for businesses and entrepreneurs. The video explains the definition of a trademark, the different types of trademarks (trade, service, and collective), and why trademark registration is crucial for legal protection. It also covers the process of registering a trademark in Indonesia, the system in place, and potential reasons why a trademark may be rejected, such as conflicting with public morals or existing trademarks. The video aims to provide viewers with useful insights for safeguarding their brand identity.

Takeaways

• 😀 A trademark is a sign that distinguishes goods or services, and it can be in various forms such as logos, words, sounds, or even holograms.
• 😀 There are three main types of trademarks in Indonesia: **Merek Dagang** (trademark for goods), **Merek Jasa** (trademark for services), and **Merek Kolektif** (collective trademark used by multiple entities).
• 😀 **Merek Dagang** is used for products sold by individuals or legal entities to distinguish them from similar goods.
• 😀 **Merek Jasa** is used for services provided by individuals or legal entities to distinguish them from similar services.
• 😀 **Merek Kolektif** is used for goods or services with similar characteristics, sold by multiple parties under a shared brand (e.g., Coca-Cola and Big Cola).
• 😀 Registering a trademark ensures legal protection, exclusive rights, and prevents unauthorized use by others.
• 😀 Indonesia follows a **first-to-file** system, meaning the first person to register a trademark gets the legal protection for that mark.
• 😀 Trademark registration helps avoid disputes over ownership and protects the brand from unauthorized claims by others.
• 😀 The registration process involves submitting an application to the Directorate General of Intellectual Property (DGIP), where the trademark is verified for availability and compliance with legal standards.
• 😀 Not all trademarks can be registered; trademarks that conflict with national values, public morality, religion, or existing trademarks will be rejected.
• 😀 A trademark must be unique and distinguishable from others to be eligible for registration, and it must not mislead the public about the product's origin, quality, or purpose.

Q & A

What is the definition of a trademark according to the script?

A trademark is defined as a sign that can be displayed in the form of lines, graphics, images, logos, names, numbers, or color arrangements, either in two or three-dimensional forms, or even as sound, holograms, or a combination of two or more of these elements.

What are the three types of trademarks mentioned in the script?

The three types of trademarks mentioned are: (1) Trademark for goods (merek dagang), (2) Trademark for services (merek jasa), and (3) Collective trademark (merek kolektif).

What is the difference between a trademark for goods and a trademark for services?

A trademark for goods is used to differentiate products sold by individuals, groups, or legal entities, while a trademark for services is used to distinguish services offered by individuals, groups, or legal entities.

What is a collective trademark, and can you give an example?

A collective trademark is used for goods or services with similar characteristics and quality, produced or provided by multiple people or legal entities together. Examples include Coca-Cola and Big Cola, which are part of a collective trademark managed by the same company.

Why is it important to register a trademark?

Registering a trademark provides legal protection, ensures certainty, and prevents unauthorized claims or misuse of the trademark by others. It guarantees the trademark owner exclusive rights.

What is the trademark registration system in Indonesia, and how does it work?

Indonesia uses a constitutive system for trademark registration, meaning that the first person or entity to register a trademark is granted legal protection for it. This system contrasts with the declarative system, which grants rights based on prior use of the trademark.

What happens if two parties register the same trademark in Indonesia?

If two parties register the same trademark, the one who filed first will typically receive legal protection. The second party may be required to alter their trademark, such as changing the logo or design.

What role does the Directorate General of Intellectual Property (DGIP) play in trademark registration in Indonesia?

The DGIP, under the Ministry of Law and Human Rights, is responsible for verifying trademark applications and determining if they meet the legal requirements. They ensure that the trademark is unique and does not conflict with existing trademarks.

What are the possible reasons a trademark registration might be rejected in Indonesia?

A trademark registration might be rejected if it violates laws, conflicts with national ideology, morality, public order, or if the trademark is identical or misleading regarding the origin, quality, or nature of the goods or services.

How can someone check if their trademark is already registered in Indonesia?

One can check the availability of their trademark by visiting the official DGIP website and searching their proposed trademark. If the trademark is already registered, the system will show if it conflicts with an existing one.