By: AMO Lawyers
1. Translated by: Gilang Mursito Aji S.H. LL.M. (Adv);
2. Review by: Noverisky Tri Putra Pasaribu S.H. LL.M. (Adv);
Law No. 20 Year 2016 concerning Trademark and Geographical Indications is an amendment to Law No. 15 Year 2001 concerning Trademark. There are several differences in this particularly new Law. One of them is the hasten of Mark registration process which can be attainable by simplifying the process and procedure of Mark registration. In this way, fast and excellent service can be provided to people who want to register their Mark.
The types of Mark that can be registered under the Law No 20 Year 2016 are more extensive. Under Law No. 20 Year 2016, Marks that can be registered and protected are in the form of conventional Marks plus holograms, 3 (three) dimensional, sound, and so on. Whereas, under Law No 15 Year 2001, Mark that can be registered and protected are only in the form of words, letters, logos, colors, figures, or combination of the aforementioned elements.
Mark, is a sign with the purpose as to distinguish a product from similar products in the market. Therefore, consumer able to recognize the origin or the producer of the product, and able to recognize the quality, function, uniqueness, or superiority of the product hereto. In many sectors of commerce, Mark is important because it is what attracts consumers to buy the product. Thus, many companies are concerned to spend a lot of money to build or maintain their Mark reputation.
The term of “sign” in the context of a Mark is not the same as that set in the context of a geographical indication. In the context of geographical indications, these 'sign' shall indicate the origin of a product; While the product itself shall exhibit certain characteristics and qualities generated by geographic environmental factors, including natural factors, human factors, or a combination of these two factors. If the 'sign' in a Mark is given by the product producer, then the 'sign' in the geographical indication is given by the society.