Trademark Rights are a form of protection for Intellectual Property Rights which provide exclusive rights for owners of registered marks to use the marks themselves in the trade of goods and services, or to allow other people to use the marks through a license.
Obtaining Brand Rights does not mean you get permission to use the brand yourself. By registering a trademark, you have the right to prohibit anyone from using the same brand as the mark you have registered, especially in the same type of goods or services.
Trademark rights are regulated in Law No. 20 of 2016 concerning Marks and Geographical Indications. This law was made to maintain fair and just business competition, consumer protection and protection for Micro, Small and Medium Enterprises (MSMEs).
Why are trademark rights important?
1. Prevent others from using similar trademarks.
By registering trademark rights, you can prevent other people from using similar trademarks in the same class and type of goods or services. Based on Law No. 20 of 2016 concerning Trademarks and Geographical Indications, Article 100 paragraph 1 explains that anyone without the right to use the same brand as a registered mark belonging to another person will be subject to imprisonment for a maximum of 5 years or a fine of up to IDR 2,000,000,000 ( two billion rupiah).
2. Become proof of the legitimacy and exclusive ownership of the brand.
If you register trademark rights, then Law No. 20 of 2016 concerning Trademarks and Geographical Indications will give you the exclusive right to be able to use the registered mark yourself or allow other people to use the registered mark by giving permission through a license. In addition, you will receive a brand certificate as proof that your trademark has been registered with the Indonesian Directorate General of Intellectual Property.
3. Get legal protection.
Based on Law No. 20 of 2016 article 35 paragraph 1, every registered trademark will receive legal protection for 10 years from the date of receipt. You can file a lawsuit if someone else uses the same brand as yours without permission. You can file a lawsuit according to Article 100 or with an alternative settlement according to Article 93. You need to know that this protection is territorial or only applies in the country where the application for the trademark rights was made.