The Ministry Of Law And Human Rights Reveals That The Public Can Submit Objections To The Application Of Brands During The Publication Period

Kemenkumham Building in Jakarta. (doc. Secretariat General of the Ministry of Law and Human Rights)

JAKARTA - The public can submit opposition or objections to brands that exist during the announcement/publicity of Official Brand News (BRM) dated not yet two months.

Director of Marks and Geographical Indications of the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights (Kemenkumham) said the objection process refers to Law Number 20 of 2016 concerning Geographic Brands and Indications.

"The announcement/publicity of the brand's official news lasts for two months, and the public can file an opposition/objection," he said in a written statement, Wednesday, March 8, which was confiscated by Antara.

He said that the owner of the registered brand who was worried that his brand would be registered by irresponsible parties could take advantage of this opportunity. Therefore, the announcement period is an important thing that the public must pay attention to.

Pada tahap pengumuman masyarakat dapat mengajukan keberatan atas permohonan pihak lainnya jika merasa permohonan yang sedang diumumkan terindikasi merugikasi, atau melanggar hak pemilik brand yang sudah terdaftar atau lebih dulu diajukan ke DJKI Kemenkumham.

"The objection must be able to attach strong evidence," he said.

The evidence will be considered by the examiners to accept or reject a brand application.

Statistically, from 2021 to 2022 a total of 6,537 opposition was proposed by the applicant. On average, more than 3,000 opposition applications are submitted to the trademark application.

"This shows that cases of opposition / objection are quite commonplace," he said.

In line with that, the DJKI Sub-Coordinator for Publication and Documentation of the Ministry of Law and Human Rights Aniah said that if there is no objection, the application for a brand will enter a technical service period.

However, if there is an objection, DJKI will write to the applicant for the brand 14 days from the date of receiving the opposition.

"Merek, who gets the opposition, has the right to file a rebuttal to the objections of other parties within two months from the date of sending a copy of the objection letter submitted," explained Aniah.

Regarding the conditions that must be completed when submitting the opposition, including a letter of objection, a power of attorney (if using a consultant), cover and contents of the BRM containing the intended brand, brand certificate, and proof of payment of opposition applications.

Both the opposition and the rebuttal to the opposition were submitted online or online on the brand.dgip.go.id page. For the opposition submission, the applicant is required to pay a non-tax state revenue fee (PNBP) of Rp. 1 million per application.