20 July 2021
Logo is the identity of a company. Logos make it easier for us to recognize the brand of a product. But lately, there have been many parody logos from well-known brands such as the Pecel Lele Lela logo that resembles the Starbucks Coffee brand. But is it possible to register a logo that is similar to the logo of a well-known brand? Before going into the main discussion, let’s first discuss what is meant by a Brand.
In article 1 paragraph 1 of Law number 20 of 2016 concerning Marks and Geographical Indications, a Mark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color composition, in the form of 2 (two) dimensions and / or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to distinguish goods and/or services produced by persons or legal entities in goods and/or services trading activities.
From this explanation, it can be concluded that the logo is one part of the brand, so that the similarity of the logo on a product with other logos is the similarity of the brand. Registration of trademarks that have similarities with similar goods or services will be rejected.
Article 21 paragraph 1 of the MIG Law explains that an Application is rejected if the Mark has similarities in principle or in its entirety to:
- A registered mark belonging to another party or previously requested by another party for similar goods and/or services;
- Well-known marks belonging to other parties for similar goods and/or services;
- Well-known marks belonging to other parties for goods and/or services of a different kind that meet certain requirements; or
- Registered Geographical Indications.
However, if the Partners still want to try to register the Partners mark, then they will then enter a substantive examination of the mark, in article 24 paragraph 1 of the MIG Law it is stated that in the event that the Examiner decides that the Application can be registered, the Minister:
- Registering the Mark;
- Notify the registration of the Mark to the Applicant or his Proxy;
- Issuing a Trademark certificate; and
- Announce the registration of the Mark in the Official Gazette of Trademarks, both electronic and non-electronic.
In the event that the Examiner decides that the Application cannot be registered or is rejected, the Minister shall notify the Applicant or his Proxy in writing by stating the reasons.
Even though it has been successfully registered, there is legal protection for foreign companies with well-known marks, both those that have been and those that have not been registered in Indonesia. The form of protection is the right to sue Indonesian companies that register Marks that have similarities to well-known marks or foreign company marks. This is stated in Article 76 of the MIG Law regarding the cancellation lawsuit.
The owner of a registered Mark and/or the recipient of a registered Mark License may file a lawsuit against another party who unlawfully uses a Mark that has similarities in principle or in its entirety for similar goods and/or services in the form of:
- Claims for compensation; and/or
- Termination of all actions related to the use of the Mark.
The conclusion is that if you register a trademark or logo that has similarities with other registered marks, your application will be rejected. However, if it is successfully registered, it does not mean that Partners are free from all claims, because well-known brand owners can sue the Partners company if it is proven that there are similarities in the Partners Brand logo.
Therefore, avoid making brands and logos that don’t resemble other brands, if Partners want to consult about Partners’ brands, you can contact us at marketing@ambadar.co.id.
