[Important Update] Trademark Certificate Required for Textile, Bag, & Footwear Imports in Indonesia - AFFA IPR

[Important Update] Trademark Certificate Required for Textile, Bag, & Footwear Imports in Indonesia

Intellectual Property, Trademark1 Comment

Effective March 10, 2024, in order to increase Trademark protection and control product quality on the market, Indonesian Ministry of Industry (MOI) has implemented a new regulation significantly impacting importers of textiles, textile products, bags, and footwear. This revision to MOI Regulation No. 5 of 2024 Article 23(3) concerns the procedures for issuing technical considerations for these imports.   Significant changes have occurred, including the addition of the following documents, which are mandatory when an importer submits a General Import Permit for Consumption (API-U).   Trademark Certificates issued by DGIP under the Ministry of Law and Human Rights of the Republic of Indonesia; Proof of recordation the License Agreement, Sublicense, and/or Letter of Appointment from the Trademark Owner to the Authorized Representative; and Letter of Appointment to Import from the Trademark Owner or Authorized Representative.   Affected Products Textiles: Fibers, threads, and fabrics; Textile Products: Carpets, other textile floor coverings, clothing, ready-made clothing accessories, and other finished textile goods; Bags: Suitcases, wallets, school bags, sports bags, handbags, and other bags; Footwear: Shoes, sandals, and moccasins.   The general import permit process remains in place, where the General Import Permit for Consumption (API-U) applies to businesses importing for trading purposes. The application process involves a General Importer Verification (VIU) followed by the MOI’s Technical Consideration (Pertek). Obtaining the API-U permit requires submitting the VIU report and Pertek results to the MOT.   Impact on Importers This new requirement poses a challenge for importers who haven’t secured Trademark registration in Indonesia. The lengthy Trademark registration process, typically taking 1-2 years, necessitates immediate discussions with Trademark owners to obtain the necessary certificates and avoid delays in obtaining import permits. Should you need further information regarding this regulation, including how to register a trademark in Indonesia, please contact us via email [email protected].

Looking forward to meeting you at the 2024 INTA Annual Meeting - AFFA IPR

See You At The Upcoming INTA 2024 Annual Meeting In Atlanta, May 18-22 | 2024

Event, Intellectual Property, Trademark

AFFA Intellectual Property Rights—Indonesia & Timor Leste are delighted to announce that our Managing Partner, Emirsyah Dinar, will attend the highly anticipated International Trademark Association (INTA)’s 146th Annual Meeting in Atlanta, USA, this May. As a leading global association of Trademark owners and professionals, INTA’s annual meeting is a must-attend event for IP practitioners worldwide. We look forward to meeting you during the course of the Annual Meeting. For meeting inquiries, please email [email protected].

The Benefits of IP Customs Recordation for Your IPs in Indonesia - AFFA IPR

The Benefits of IP Customs Recordation for Your IPs in Indonesia

Intellectual Property, Trademark, Copyright

Recently, the Directorate General of Customs and Excise of the Republic of Indonesia (DGCE) has taken widespread action against tons of illegal food to protect consumers and the Indonesian food industry. Because the ingredients of food imported illegally are unknown, it can endanger residents and disrupt the distribution of local food producers. But did you know that Customs and Excise can also deter illegal goods that violate Intellectual Property abroad or within the country? Because DGCE is part of the Task Force together with the Criminal Investigation Agency of the Republic of Indonesia Police (Bareskrim Polri), the Indonesian Food and Drug Authority (BPOM), and the Directorate General of Informatics Applications (Ditjen Aptika), which supports the performance of the Directorate General of Intellectual Property (DGIP) in enforcing Intellectual Property Law in Indonesia. Enforcing this law is a collective homework because Indonesia is still on the list of world countries with serious Intellectual Property violations (along with Argentina, Chile, China, India, Indonesia, Russia, and Venezuela), as released by the United States Trade Representative (USTR) in the 2023 Priority Watch List Special 301 Report. A few weeks ago, DGCE conducted outreach to the public so that the wider community, especially Intellectual Property (IP) owners, could take advantage of this service. So, if illegal products are found crossing state borders, IP owners, especially copyright and trademark owners, will be assisted in the deterrence process. But before that, you must first carry out the recordation process on the DGCE website. For those of you who are still unfamiliar with the term “deterrence”, this word has 2 (two) meanings, namely: Delaying the release, loading, or transportation of excisable goods and/or other goods related to excisable goods; Prevent the departure of means of transport.   The Benefits of IP Customs Recordation in DGCE The recordation process is an activity to enter your IP information into the DGCE customs database, with the following benefits: Action at Ports or Borders; Especially if the quantity of goods smuggled is very significant. Effective and efficient deterring before goods that violate IPR are distributed to the domestic market. Protecting IP Owners’ Business Processes; Products are protected from counterfeiting or infringement attempts. Maintain consumer confidence in products on the market. Maintaining brand reputation from low-quality counterfeit products. Macro Aspects; Increasing investor confidence, both domestic and foreign. The government can restore international trust in the seriousness of eradicating counterfeit products in Indonesia.   The Authority of DGCE DGCE has two schemes for the enforcement of Intellectual Property Law: Judicial Scheme that applies to all IP regimes: DGCE may impose a temporary suspension until a physical examination. However, DGCE’s position here is passive because it must wait for a temporary suspension order from the Commercial Court, where the Rights owner must carry out the initiative without any prior obligation to record it on the DGCE site. Ex-Officio Scheme for Trademarks and Copyrights: After the rights owner carries out the recordation process with the DGCE, the process of deterrence, temporary suspension, and physical examination can be carried out proactively by the DGCE.   Conditions for IP Customs Recordation at DGCE As the owner or right holder, you must submit a written application accompanied by the required documents by Minister of Finance Regulation (MFR) Number 40/pmk.04/2018 concerning Recording, Deterrence, Guarantee, Temporary Suspension, Monitoring and Evaluation in the Context of Controlling the Import or Export of Suspected Goods Constituting or Originating from the results of Violations of Intellectual Property Rights, to the Director of Action and Investigation at the DGCE Head Office and submitted electronically via the CEISA IPR application which can be accessed on the user portal.   Then you are required to prepare the following documents as attachments: Copy of Company Deed of Establishment and Latest Amendments Copy of Taxpayer Identification Number (NPWP) Copy of Trading Business License (SIUP) or Company Registration Certificate (TDP) Copy of Domicile Letter Copy of Trademark Certificate/ Registration or Copyright Recordation Letter issued by DGIP Information regarding product authenticity characteristics (mark, product appearance, packaging, distribution route, etc.) Statement letter as regulated in Appendix B – MFR No. 40/PMK.04/2018 Proof of transfer of rights (if rights are transferred) Information on parties granted the right to import/export Other information(s) required by DGCE   Involve Internal or External Examinator Apart from that, you must appoint one or more examiners who are experts on the product, who can come from within or outside the company, and who understand the Trademark or Copyright of the item to be recorded. If the goods recorded are related to the Trademark, the appointed Examiner(s) must understand the characteristics of product authenticity, such as the mark, goods, logo, product appearance, packaging, distribution, and marketing routes, as well as the number of products marketed in that area. However, suppose the item being recorded is related to Copyright. In that case, the examiner must understand the characteristics or specifications of the copyrighted work in the fields of science, art, literature, or related rights being created.   DGCE Research Procedure Approximately 30 Days All requirements will then undergo formal and material research by DGCE, including validating the data with DGIP. If this recordation is approved, it will be valid for 1 (one) year and can be extended. The entire recordation process is free of charge and only takes approximately 30 days. However, if you are a Trademark Owner or Copyright Holder who is a foreign company and domiciled abroad, you must have a business entity domiciled in Indonesia. DGCE has successfully disposed of more than one million pens, three million razors, 72 thousand more cosmetics, up to 160 rolls, and 890 cartons of sandpaper in the last four years. This number is not much because not many Trademark Owners and Copyright Holders take advantage of this feature. Therefore, if you own a product with a high cross-border risk, we recommend immediately recording it at DGCE.   If you still have questions or need further information regarding Intellectual Property Customs Recordation at the Directorate General of Customs and Excise, do not hesitate to…

인도네시아의-상표-불사용취소심판

인도네시아의 상표 불사용취소심판

Intellectual Property, Trademark

인도네시아의 상표 불사용취소심판 상표 및 지리적 표시에 관한 법률 2016년 제20호(이하 “상표법“이라 칭함)는 상표가 보호되는 방법 및 미사용 등 다양한 이유로 상표를 상실하는 방법을 규정합니다. 상표법 제74조 제1항은 등록상표의 취소는 상표가 등록일 또는 마지막 사용일로부터 상품 및/또는 서비스 거래에서 3년 연속 사용되지 않았음을 근거로 이해관계가 있는 제삼자에 의해 상사법원에 소의 형태로 제기될 수도 있다고 명시합니다. 그러나 여기에는 다음과 같은 몇 가지 예외가 있습니다. 취소 대상 상표가 부착된 상품에 대한 수입 제한 조치가 있는 경우, 해당 상표를 사용한 상품의 유통 허가와 관련된 금지 규정, 또는 수권자의 임시 결정이 시행되고 있는 경우, 또는 정부 규정에 의해 확립된 기타 유사한 금지 규정이 있는 경우.   당사는 이에 인도네시아의 상표 불사용취소심판에 관해 가장 자주 묻는 질문 3가지를 제시합니다.   1. 취소 대상 상표가 아직 등록되지 않았습니다. 상표청에 상표 취소 청원서를 제출할 수 있나요? 상표법은 오직 등록상표만이 미사용을 근거로 취소될 수 있으며 심판은 상사법원에만 제기될 수 있다고 명시합니다. 이러한 관행은 상표청이나 상표심판원에 불사용취소심판을 제기할 수 있는 일부 국가에서는 다릅니다.   2. 피고가 입증책임을 부담하나요? 입증책임은 원고에게 있습니다. 따라서, 원고는 상표가 실제로 등록일 또는 마지막 사용일로부터 3년 연속 사용되지 않았음을 입증하는 데 필요한 모든 증거를 가지고 있어야 합니다.   3. 원고는 미사용 조사 보고서를 제공해야 하나요? 상표법은 상표의 사용 여부를 입증하기 위해 제공되어야 하는 증거 목록을 명시하지 않습니다. 그러나, 당사는 실무에서 (설문조사와 함께) 광범위한 온라인 및 오프라인 연구가 수행되었음을 입증하기 위해 일반적으로 항상 완전한 조사 보고서를 제공합니다. 이런 유형의 조사 보고서에 자주 제기되는 문제는 지리적 다양성으로, 이에 따라 높은 보고서 관련 비용이 발생하게 됩니다.   좀 더 명확하게 말하자면, 인도네시아에는 18,000개가 넘는 섬이 있습니다. 당사의 경험에 따르면, 조사 보고서가 주요 도시에서 수행된 후일지라도, 피고인은 종종 국가의 외딴 지역에서 이루어진 판매 증거를 여전히 제시할 수 있습니다.  그러나, 상사법원이 단일 사용을 충분한 사용 증거로 항상 간주하는 것은 아니라는 점을 명심하십시오.   가능한 경우, 당사는 일반적으로 고객에게 불사용취소심판을 제기하기 전에 우호적 해결 및 악의의 무효심판 등의 선택 사항을 조언합니다. 두 심판 모두 불사용취소심판에 비해 성공률이 더 높은 경향이 있기 때문입니다.   인도네시아의 상표 불사용취소심판에 대한 추가 정보가 필요한 경우언제든지[email protected]로 문의하시기를 바랍니다  

印度尼西亚商标不使用撤销诉讼

印度尼西亚商标不使用撤销诉讼

Intellectual Property, Trademark

印度尼西亚商标不使用撤销诉讼 2016年第20号法《商标和地理标志法》（以下简称“《商标法》”）对商标保护方式以及失去商标保护的各种原因（不使用是其中之一）进行规范。《商标法》第74条第(1)款规定，有利害关系的第三方也可以出于下述理由向商事法院提起注册商标撤销诉讼：自注册或最后一次使用之日起，该商标已连续3年未在商品和/或服务贸易中使用。但是，也有一些例外情况，即： 印有拟撤销商标的商品受到进口限制； 与使用相关商标的商品分销许可有关的禁令或授权方的临时决定已生效；或 存在政府法规规定的其他类似禁令。   我们在此为您提供3（三）个关于印度尼西亚商标不使用撤销诉讼的常见问题： 1. 拟撤销的商标尚未注册，我可以向商标局提出撤销申请吗？ 《商标法》明确规定，只有以不使用为由才能撤销已注册的商标，并且只能向商事法院提起诉讼。一些国家有与此不同的做法，即可以向商标局或商标上诉委员会提起不使用撤销诉讼。   2. 被告是否承担举证责任？ 举证责任由原告承担。因此，原告必须提供所有必要的证据，以证明自商标注册或最后一次使用之日起，被告确实已连续3年未使用该商标。   3. 原告是否必须提供不使用调查报告？ 《商标法》并未明确规定为证明商标是否已被使用而应提供的证据清单。但在实践中，我们一般都会提供完整的调查报告，以证明已完成深入细致的线上和线下调研（以及调查）。经常伴随此类调查报告出现的问题是地域差异性。这种地域差异性将导致与报告相关的费用居高不下。   从更明确的视角来看，印度尼西亚有1.8万多个岛屿。根据我们的经验，即便在主要城市完成调查报告，被告往往仍有可能提出关于他们在我国偏远地区进行的销售中使用了商标的证据。但是，请记住，商事法院并不总是将单次使用视为充分的使用证据。   我们一般会尽可能建议客户在提起不使用撤销诉讼前选择其他诉讼方式，如友好和解和提起恶意无效诉讼，因为这两种诉讼的胜诉率往往高于不使用撤销诉讼。   若需要更多有关印度尼西亚不使用撤销诉讼的信息，请随时通过[email protected]与我们联系。

Trademark-Non-Use-Cancellation-Action-in-Indonesia-affa-global

Trademark Non-Use Cancellation Action in Indonesia

Intellectual Property, Trademark

Trademark Non-Use Cancellation Action in Indonesia The Law No. 20 Year 2016 on Marks and Geographical Indications (hereinafter referred to as the “Trademark Law”) regulates how a Mark shall be protected, and how one can lose it due to various reasons – and non-use is one of them. Article 74 Para (1) of the Trademark Law state states that the cancellation of a registered trademark can also be filed by an interested third party in the form of a lawsuit to the Commercial Court on the grounds that the Trademark has not been used for 3 (three) consecutive years in the trade of goods and/or services since the date of registration or last use. However, there are some exceptions to that, namely: If there is an import restriction on the goods bearing the Trademark to be cancelled; The prohibitions related to the permission for the distribution of goods using the concerned Trademark, or a temporary decision from the authorized party are in place; or There are other similar prohibitions established by Government Regulation.   We herewith provide you with 3 (three) most Frequently Asked Questions about the Trademark Non-Use Cancellation Actions in Indonesia: 1. The Trademark to be cancelled is yet to be registered. Can I file the petition to cancel it at the Trademark Office? The Trademark Law explicitly states that only a registered Trademark can be cancelled based on non-use and the action can only be filed before the Court of Commerce. This practice is different in some countries where non-use cancellation action can be filed before the Trademark Office or the Trademark Board of Appeal.   2. Will the Defendant Bear the Burden of Proof? The burden of proof lies on the plaintiff. Hence, the plaintiff must have all the required evidence to prove that the Trademark has indeed been not used for 3 consecutive years from the date of registration or the date of last use.    3. Will the Plaintiff be Required to Provide a Non-Use Investigation Report? The Trademark Law does not explicitly state the list of evidence to be provided to show if the Trademark has been used or not. However, in our practice, we generally always provide a complete investigation report to show that extensive online and offline research has been conducted (along with surveys). The issue that often comes up with this kind of investigation report is the geographical variability, which will contribute to the high costs associated with the report.    Just to put it into a clearer perspective, Indonesia has more than 18 thousand islands. From our experience, it is possible that even after an investigation report has been done in major cities has been conducted, the defendant often still comes up with evidence of use for their sales that were done in remote parts of the country. However, please bear in mind that the Court of Commerce will not always deem a single use as sufficient evidence of use.   When possible, we generally advise our clients with other options before filing a non-use cancellation action, such as amicable settlement and bad-faith invalidation action, since both actions tend to have a higher degree of success compared to non-use cancellation action. Should you require further information about non-use cancellation action in Indonesia, please do not hesitate to contact us at [email protected].

Enters-Public-Domain-Mickey-Mouse-Stars-in-3-Horror-Films-affa-global

Enters Public Domain – Mickey Mouse Stars in 3 Horror Films?

Intellectual Property, Trademark, Copyright

Enters Public Domain – Mickey Mouse Stars in 3 Horror Films? Mainstream news channels are busy reporting that Mickey Mouse, The Walt Disney Company’s mascot, has entered the Public Domain as of January 1, 2024. As a result, many parties are immediately looking for their fortune by presenting this black mouse in various media. Uniquely, they all have a horror theme!   1. The Vanishing of S.S. Willie Straight released on January 2, 2024, on the Night Signal Entertainment YouTube channel, this is a short film less than 10 minutes long, which assumes that the film “Steamboat Willie” published in 1928, the first film to feature the character Mickey Mouse, is an actual event.   Mickey, Minnie, and other animal characters are displayed in realistic form, covered in retro visuals, but with different names. The horror side is that their story ends tragically at the bottom of the river, contrasting with the cheerful original animated version.   2. Mickey’s Mouse Trap Also released on the same day is a 2-minute trailer for the film, which will be released in March 2024. This time, the story is about a serial killer who wears a Mickey Mouse-like mask and operates in an amusement park.   3. Steamboat Willie The third horror film to utilize Public Domain Mickey is the work of Director Steven LaMorte, who previously directed “The Mean One” (2022), a horror-comedy film inspired by “The Grinch” (2018). Steven admitted that filming of Steamboat Willie will take place this spring, and the concept remains a horror-comedy in the style of The Mean One. Steve confirmed to the media that his work would not violate the law because it would not use the name Mickey Mouse but Steamboat Willie.   4. Infestation: Origins Lastly, Mickey is in a PC game that up to four people can play. Here, you can play as a rat exterminator set in the 80s. But then, you are chased by a monster resembling Mickey Mouse! This game produced by Nightmare Forges can now be ordered on the Steam website, but the official release date has yet to be announced.   What is Public Domain? A work or Creation, including animated films, can be protected by Copyright. Then there is the Copyright Law, which regulates the validity period of Economic Rights, which is a reference for whether we still have to obtain permission from the Creator or Copyright Holder for a Work. If the validity period has passed, the work has entered the Public Domain, and the public can use it freely without asking permission from the Creator.   Why 95 Years Later? The Copyright Law in the United States stipulates that a work’s validity period is during the Creator’s life plus seventy years after the Creator dies. However, this regulation was only applied to all works published starting January 1, 1978. Meanwhile, Steamboat Willie was already present 50 years earlier. That’s why the film still has 95 years of Economic Rights and ends on December 31, 2023. Finally, Steamboat Willie only entered the Public Domain as of January 1, 2024.   Now Everyone is Free to Use Mickey Mouse? Certainly not! Because the only thing in the Public Domain is Mickey Mouse in Steamboat Willie: the Black and White Mickey without gloves. What also needs to be remembered is that as a character, two types of Intellectual Property (KI) are attached to Mickey Mouse: Copyright and Trademark.   If a copyright has an expiration validity period, then a trademark can be renewed every ten years. Mickey Mouse is a registered Trademark still owned by The Walt Disney Company. That’s why none of the works above that use Public Domain Mickey use the name “Mickey Mouse.” They consciously did not use this name to avoid legal disputes. They only dare to use “Mickey” or “Steamboat Willie,” common names not registered by anyone.   So, even though Steamboat Willie has entered the Public Domain, that doesn’t mean you are free to produce and/or sell products that contain colored versions of images or words of Mickey Mouse. The point is that Public Domain doesn’t necessarily make your own Mickey Mouse.   Mickey Mouse Still Owned by The Walt Disney Company Amid widespread news related to the Public Domain, the role of the media is needed to educate people so as not to create new problems. Because incomplete reporting can make many parties who are less aware of IP, including SMEs, subject to warning letters from Disney’s lawyers. They join in on the hype by producing products depicting colored versions of Mickey Mouse and containing the word without realizing the potential for Copyright and Trademark violations.   Remember that Walt Disney is a big company in the IP business. They understand the ins and outs of Intellectual Property law. Apart from that, they also continue to update their IP-based characters and their source of income. That is the only way the validity period of Economic Rights in Copyright can continue to be extended. Steamboat Willy is only one of tens of thousands of works featuring IP-based characters, a source of income for the Walt Disney Company. Missing one will not affect its revenue, which since 2022 will be above USD 80 billion per year.   From Walt Disney, we learn that creating original characters, if managed well, will be more profitable and provide long-term benefits. Instead of making imitation works that take advantage of the momentary hype. The public will also see it as a cheap work or a parody of no quality.   Should you need further information about Public Domain, Copyright, or other Intellectual Property management, please do not hesitate to contact us via [email protected]. Sources:  Coming Soon Variety  

Tips-for-Registering-Holograms-as-Trademarks-in-Indonesia-affa-global

Tips for Registering Holograms as Trademarks in Indonesia

Intellectual Property, Trademark

Tips for Registering Holograms as Trademarks in Indonesia Besides Sounds and 3D objects, Holograms can be registered as Trademarks because they are equally recognized as Non-Conventional/Non-Traditional Trademarks. But what kind of Holograms can be registered as Trademarks? Do you interpret the meaning of this Hologram in the same way? Allow us to delve into the discussion.   Legal Basis For Hologram Marks In Indonesia Indonesia recognizes the existence of Hologram Marks through the elaboration of the definition of Trademark as stated in Article 1 Number 1 of Law Number 20 of 2016 concerning Marks and Geographical Indications (the Trademark Law), as follows:   A Trademark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, or color arrangement in 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in goods and/or services trading activities.   For a Hologram Mark to be registered, Article 4 of the Trademark Law and Article 3 of the Ministry of Law and Human Rights Regulation No.67/2016 require the attachment of a Trademark label in the form of a visual display from various sides.   This visual appearance from various sides is essential because the definition of a Hologram, according to the ‘Great Dictionary of the Indonesian Language,’ is a colored image with three dimensions on a piece of paper so that it appears as if it has arisen. So, the critical point that needs to be paid attention to for Hologram Trademarks is its embossed impression, even though it is flat, and therefore has a different color reflection effect from each side. That’s why the visual description of each side is essential and must be accurate.   Sample of Description on a Hologram Trademark For example, the Hologram Mark registered for PT. PEGADAIAN (Persero) with Application Number JID2020022485. Its appearance is only a circle, but if we look at it from various sides, an emerging effect shows the words and logos contained in it, with different effect colors appearing on each side.   So the description is, “Holograms have five image perspectives. The Front Image displays the entire hologram image (including words and logos). The Top and Right images show the words and logos in various colors. The Bottom and Left images show the words and logos in blue and purple.”   Examples of Other Hologram Marks Registered in Indonesia PT. PANCA PRATAMA INDONESIA GEN TAMEO IMAN SANTOSA Application Number: DID2022083769 Application Number: DID2022104879 Application Number: DID2020060873   From the examples of registered Hologram Marks above, it appears that words, logos, and even facial photos can be submitted as Hologram Marks, provided they do not conflict with administrative and substantive requirements. Furthermore, assuming that the application does not encounter opposition or rejection, it will only take 10-13 months from the application to obtaining the registration number.   So, have you imagined the Hologram Mark that you want to register for your business?   Should you have further questions regarding the requirements and registration of Hologram Marks in Indonesia or abroad, do not hesitate to contact us via [email protected]. Source: Directorate General of Intellectual Property

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Can I Trademark My Face in Indonesia?

Intellectual Property, Trademark

Can I Trademark My Face in Indonesia? One of the unique things we have as a human is our different faces. Starting from the shape of our eyes, nose, lips, cheekbones, skin color, mustache, and eyebrows, it makes our face different and has its charm. Considering that being distinctive is also one of the requirements for Trademark registration. It is not uncommon for us, as well as other world citizens, to think about registering our face as a Trademark. But can it be registered? Any Trademarks that feature famous faces already come up in your mind? This article will explain.   Trademark Definition According to Article 1 of Law of the Republic of Indonesia Number 20 of 2016 concerning Trademarks and Geographical Indications (Trademarks & Geographical Indications Law), a Trademark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in the shape of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in trading activities of goods and/or services.   Because images and photographs include visual graphics, the appearance of a face as a Trademark can be registered in Indonesia as long as it does not conflict with what is stated in Article 21 of the Trademark & Geographical Indications Law, namely that it has not been registered or applied for by another party and is not the same or resembles a photo of a famous person, except with the written consent of the entitled person.   Famous Trademarks with Face The rules are different abroad, such as in the United States and the European Union, where there is a strict prohibition on registering faces as trademarks. Recently, in the European Union, registering a Trademark with the picture of a famous model from the Netherlands, Puck Schrover, was rejected. Although the face is well known in the fashion industry, European Union Intellectual Property Office (EUIPO) examiners considered that the uniqueness of the face alone needed to be more distinctive as a Trademark because it could be a photographic representation of any woman.   However, if the face is present as an illustration, such as Colonel Sanders for the KFC or the face of a woman with long hair and “tentacles” for the Starbucks Coffee, it is considered unique and can be registered.   Meanwhile, in Indonesia, we know several registered Trademarks with faces and photos of people, such as Nyonya Meneer herbal drink (registration date: IDM000766048), Ayam Goreng Suharti (IDM000868681), Mbok Sarun fried chicken (IDM000828965), and Mbok Lindu gudeg (traditional Javanese cuisine, IDM001010038) Likewise, several service marks for alternative medicine use photos of their owners.   Face and Corporate Image In conclusion, using a face or passport picture is possible and legal if used as a Trademark in Indonesia. But are you ready to commit lifelong by putting your face on every product and/or service you have?   Because then, you must maintain your behavior and always be in the best image so the Trademark that reflects your professionalism is not disturbed. Because it is possible once you get into trouble, the lousy impact will also damage your Trademark.   However, if you are ready, take action as soon as possible to apply for the registration because the first-to-file principle applies in Indonesia. Don’t let your already phenomenal business, which resembles your image, be registered first by other irresponsible parties.   Should you have any questions or need more information regarding registering your face as a Trademark in Indonesia or abroad, please contact us via [email protected]. Sources: Law Number 20 of 2016 concerning Trademarks and Geographical Indications Lexology  

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Brushstrokes & Trademarks Indonesia’s Copyright Quirk

Intellectual Property, Trademark

Article 65 of the Indonesian Copyright Law crafts a vibrant patchwork in the legal tapestry of intellectual property rights. It explicitly prohibits the registration of a work of art, specifically a painting, as a copyright when it is used as a logo or distinguishing mark for a trade of goods or services or represents a symbol for an organization, business entity, or legal entity. This law paints a clear boundary line in the diverse field of intellectual property rights, where copyrights and trademarks often play tug-of-war.   However, an intriguing paradox has emerged in practice. Many parties try to draw double protection by registering the exact artistic representation as both a Trademark and Copyright – in other words, trying to overdo it by “double kill.” This practice takes advantage of a perceived grey area between the two distinct protections, aiming to arm the creator with an extra layer of legal armor. By doing so, they attempt to circumvent the spirit of Article 65, setting up a fascinating legal conundrum and an escalating tug-of-war between the copyright and trademark protection regimes in Indonesia.   In the past, there have been some warnings by the Indonesian Copyright Office to unilaterally withdraw the recorded copyrights if they are found to have breached Article 65 of the Copyright Law. A solution to this discrepancy lies in tightening the enforcement by the Indonesian IP Office, ensuring that the lines dividing trademarks and copyrights remain as sharp and clear as the brushstrokes of a master artist. Thus, Article 65 of the Indonesian Copyright Law continues to challenge the art and business words, forcing them to think outside the frame without doubling down on the protection for the same object illegally.   Should you have any questions about Copyright Recordation in Indonesia or abroad, please get in touch with us via [email protected].