Why Can Trademark Indonesia Be Rejected

Saeful Rahman

Minggu, 13 Februari 2022

Have you ever experienced rejection when registering an Indonesian trademark? If so, what was the reason for the rejection of the trademark registration?

According to the Law on Trademarks and Geographical Indications, there are 2 categories why registration of a mark is not accepted. The reasons are that the application for a mark was rejected and the type of mark that could not be registered. The following is a further explanation.

Reasons for Trademark Indonesia https://patendo.co.id/trademark-indonesia/ to be Rejected and Cannot be Registered

1. Unregisterable trademark

The reasons why a trademark cannot be registered are contained in article 20 of the Trademark Law and Geographical Indications, namely:

Contrary to state ideology, laws, religion, morals, public order, and decency.

Opposite here means that it is not in line with applicable regulations, so that it can offend the feelings of other parties, general ethics in society, as well as the peace of society or a group.

• Same, relates to or only describes the product/service for which registration is being applied for.

For example registering a brand with the name “Oil” in the category of oil brands.

• Contains points that can mislead the public regarding the quality, size, origin, type, and purpose of the product/service being used.

For example, a brand with the name “Kecap number 1” cannot be registered because it is related to product quality. Or it could be that a brand with the name “net 100 gram” cannot be registered because it is related to the size of the product.

• Have the name of the protected plant species for similar products/services.
• The quality, efficacy of the product/service does not match the existing information.

For example, cigarettes are beneficial for health, drugs that can cure all diseases.

• Does not have a differentiating factor with similar products/services.

Based on the law, if there is a sign, either a line or a dot, that is too simple or complicated, then it is not a difference and is considered the same.

• Have a common name or symbol.

The common name here, for example, uses the word “coffee shop” for a cafe brand name. Meanwhile, for common symbols, for example, using the poison symbol for ingredients chemicals, skull symbols for dangerous products, or cutlery symbols for restaurants.

2. Rejected trademark

The reasons for the rejection of the trademark application are contained in article 21 of the Trademark and Geographical Indication Law, namely:

• Overall, these marks have similarities with other company marks of similar products/services that were previously registered.

This means that the similarity here is due to the existence of elements that are dominant between one brand and another. From there, the perception of a similarity will emerge, whether in the way of placement, the sound of speech, the way of writing, the form, or the combination of all the elements in the brand.

• Have a name or abbreviation similar to a photo, the name of a famous person, or the name of another legal entity, unless it has obtained written permission from the person concerned.
• It is an imitation or similar to the name, symbol, state symbol, flag, institution, unless the relevant written permission has been obtained.
• Is an imitation or similar to the official sign, stamp, or stamp used by a government or state institution, unless the relevant written permission has been obtained.
• Trademarks are registered by people with bad intentions.

In this case, for example, intending to do plagiarism, imitation, or claiming another company's brand for business continuity. This will actually make business competition unhealthy and can even mislead consumers.

Those are the factors behind Trademark Indonesia being rejected or unable to be registered. Therefore, before registering a brand, it's a good idea to re-check your trademark name, whether it is correct and has no resemblance to other companies or not. I hope this helps.