Kemenkumham Emphasizes All Parties Can Submit Applications For Marks To DJKI

Plt. Director General of Intellectual Property of the DJKI Kemenkumham Razilu in Jakarta, Tuesday, July 26. (Between)

JAKARTA - The Ministry of Law and Human Rights (Kemenkumham) asserts that all parties, whether individuals or legal entities, have the right to apply for a trademark at the Directorate General of Intellectual Property (DJKI).

"However, not all parties who apply for a mark immediately get or obtain legal protection for the mark," said the Acting Director General of Intellectual Property of the DJKI Kemenkumham Razilu in Jakarta, Tuesday, July 26, quoted from Antara.

He said, the fate of a trademark application submitted to the DJKI Kemenkumham is to be registered or rejected. Marks that will be accepted are those that meet administrative and substantive requirements.

"When it does not meet the administrative requirements, it is considered withdrawn, and if it does not meet the substantive requirements, it is considered rejected," he explained.

Therefore, he continued, the public must be aware of the process that to obtain brand protection there are several stages. When someone submits an application, a formality check will be carried out and then published.

At the publication stage, DJKI Kemenkumham will receive responses from the public whether there are objections or not regarding the trademark that has been submitted. Submission of these objections, of course, must be accompanied by clear arguments.

The objections raised by the public will later become the basis for a substantive examination by the DJKI Kemenkumham. After that, it will be decided whether the proposed mark is accepted or rejected.

In addition, to determine whether a mark is accepted or rejected, the examiners at the DJKI Kemenkumham refer to Article 20 and Article 21 of Law (UU) Number 20 of 2016 concerning Marks and Geographical Indications.

The point, he said, is that all signs that can be used as marks can be given and the law also provides confirmation unless rejected for a number of reasons.