What Is a Trademark: Definition, Types, How to Register

When it comes to understanding the world of business, trademarks play a pivotal role. A trademark is a distinct symbol, logo, phrase, or design used to represent a business, distinguishing it from competitors. In this article, we will explore the definition of trademarks, including what they are, what they protect, the different types, the costs associated with obtaining one, and how to register a trademark.

Additionally, we will delve into the duration of trademark protection, and highlight trademark regulations in Indonesia. Furthermore, we will draw comparisons between trademarks and other forms of intellectual property, such as copyrights and patents.

What is a Trademark?

When it comes to understanding business and brand protection, it’s crucial to start with the definition of trademark. So, what is a trademark? A trademark is a distinct symbol, logo, phrase, or design used to represent a business, distinguishing it from competitors. In simple terms, a trademark defines and protects your brand identity.

What Does a Trademark Protect?

A trademark is more than just a symbol or logo; it’s the key to safeguarding your brand identity. But what does a trademark mean for your business? It means protection. It ensures that customers can easily identify and distinguish your company’s products or services from those of others. It guards against any unauthorized use of your brand elements, preserving your unique identity in the market.

Also read: The Importance of Registering Intellectual Property Rights (HaKI)

Types of Trademarks

Trademarks come in various forms, each designed to suit different branding needs. But what are the trademark types available? There are four primary types:

1. Word Marks

   These are trademarks consisting of text, such as brand names or slogans.

2. Design Marks

   These include logos, symbols, or graphic representations unique to a brand.

3. Sound Marks

   Sound trademarks are distinctive jingles or sounds associated with a brand, often used in commercials.

4. Color Marks

   Yes, certain colors can also be trademarked, especially in industries where color plays a significant role in brand recognition.

Also read: Understanding the Different Types of Trademarks

How to Get a Trademark: The Application Process

Now that we’ve covered the trademark definition and types, let’s explore the crucial step of how to get a trademark. To get started, you need to understand how to file and apply for a trademark. Here’s a simplified overview:

1. Trademark Search

   Before applying, it’s essential to conduct a comprehensive trademark search to ensure your chosen trademark is unique and doesn’t infringe on existing trademarks.

2. Filing the Application

   You can file your trademark application with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO) or the Directorate General of Intellectual Property of Indonesia (the “DGIP”) or other government agency in your country.

3. Examination

   The trademark office will examine your application to ensure it meets all legal requirements.

4. Publication

   If your application passes examination, your trademark will be published, allowing third parties to oppose it if they believe it infringes on their rights.

5. Registration

   Assuming no objections arise during the opposition period, your trademark will be officially registered, providing you with legal protection.

Also read: Do I Need to Register My Trademark in Every Country?

Trademark Regulation in Indonesia

Trademark regulation in Indonesia is governed by Law No. 20 of 2016 on Trademarks and Geographical Indications (the “Trademark Law”). The Trademark Law provides for the registration, protection, and enforcement of trademarks in Indonesia.

Any person who claims the right to a trademark may apply for its registration with the Directorate General of Intellectual Property of Indonesia (the “DGIP”). Trademark applications must be filed electronically or non-electronically in the Indonesian language. The application must contain the following information:

• Date, month, and year of application
• Full name, nationality, and address of applicant
• Full name and address of proxy if application is filed by proxy
• Colors (if the mark uses color elements)
• Country and date of basic mark application if the application is filed using priority right

Also read: What is HaKI in Indonesia?

The DGIP will examine the trademark application to determine whether it meets the requirements of the Trademark Law. If the application is approved, the trademark will be registered and published in the Official Gazette of Indonesia.

The trademark registration process can be complex and time-consuming. For a simpler process, you can rely on InvestinAsia’s services for trademark registration in Indonesia. Our team of experts will ensure that the application is hassle-free for you.

Chat with us now for FREE consultation!

Difference Between Trademark and Copyright

Trademarks and copyrights are both essential elements of intellectual property, but they serve different purposes. While trademarks protect brand identity, copyrights safeguard creative works. Copyrights cover literary, artistic, and musical creations, ensuring that original content is not reproduced or distributed without permission.

Also read: Trademark vs Copyright: Understanding Key Differences

Difference Between Trademark and Patent

Trademarks and patents are often confused, but they offer distinct forms of protection. A trademark safeguards a brand’s identity, while a patent protects inventions and innovations. Patents grant inventors exclusive rights to their creations for a specific period, preventing others from making, using, or selling the patented invention.

Difference Between Trademark and Registered

The term “registered trademark” is often used colloquially to refer to a trademark that has undergone the registration process and received official protection. However, it’s important to note that once a trademark is registered, it becomes a “registered trademark.” This distinction emphasizes the legal protection and recognition it receives.

In conclusion, a trademark is a fundamental element of brand identity and protection. It’s essential to understand the trademark definition, what it means for your business, the types available, and how to go about getting one. Whether you’re a small startup or an established company, a trademark is a valuable asset in the business world.