Awareness of the importance of Trademark protection in Indonesia has steadily increased. Data from the Directorate General of Intellectual Property (DGIP) shows a significant rise in Trademark registration applications, with more than 120,000 applications submitted in 2023, marking an increase compared to previous years. This demonstrates that business owners increasingly recognize the importance of legally protecting their business identity, including through the registration of logos as mandated by Law No. 20 of 2016 on Trademarks and Geographical Indications (Trademark Law). By registering a logo, you gain Exclusive Rights to use and protect it from unauthorized use by others.
However, in practice, many business owners, due to budget constraints, choose to register their logo first without registering their business name. Problems arise when the business proliferates, trends shift, and the logo, considered less relevant, needs to be updated, even though its protection period has not yet expired, and it has not reached its 10-year mark.
The question then arises: Does a logo change require a new Trademark registration?
Legal Basis of a Logo as a Trademark
In the realm of Intellectual Property (IP) law in Indonesia, a logo holds the same importance as a name in Trademark registration. As outlined in Article 1 of the Trademark Law:
“A Trademark is a sign that can be graphically displayed in the form of images, logos, names, words, letters, numbers, color arrangements, in two-dimensional and/or three-dimensional forms, sounds, holograms, or combinations of two or more of these elements to distinguish goods and/or services produced by individuals or legal entities in the trade of goods and/or services.”
A logo, including its colors, fonts, and other visual elements that form part of a brand’s identity, is often the most easily recognizable aspect to consumers, making its protection essential.
Unregistered Logo Changes
Challenges arise when you decide to change your business logo. If the changes made are significant—such as changes to the shape, colors, or even the addition of new words—and the new logo is not re-registered as a Trademark, the legal protection granted to the old logo will not automatically apply to the new one. This means your new logo will not be legally protected, allowing anyone to replicate it without legal consequences, as the new logo is no longer bound by the Exclusive Rights previously granted to the old one. Even if the old logo’s protection is still valid or hasn’t expired within 10 years, it cannot be transferred to the new version of the logo.
Therefore, you must still submit a new Trademark application for the updated logo, which will be granted a separate 10-year protection period. However, it is important to note that the application for the new logo will still undergo an administrative and substantive examination process, where it will be compared with other previously registered logos. Hence, conducting a thorough search for your new logo is still a mandatory step.
Solutions for Budget Constraints
If your business has several unique aspects that you want consumers to recognize—such as a name, logo, three-dimensional shape, hologram, slogan, or even a jingle—the ideal approach is to register all of them as Trademarks. By doing so, you provide comprehensive protection, minimizing the possibility of others taking advantage of your brand’s popularity.
You might also want to read:
Trademark Freeriding: Legal Risks & Solutions in Indonesia
Or if budget is an issue, at the very least, you should register your business name as the primary Trademark, followed by registering the logo as a Trademark. This way, if there is a logo change, your business name will still protect your existence from being used by others, while you prepare the budget to register your new logo.
Should you need more information regarding Trademark registration for new logos in Indonesia or internationally, you can contact us via email: [email protected].
