Ministry of Law clarifies trademark registration objection process

The Ministry of Law has emphasised that every trademark registration application is processed in accordance with statutory provisions, including providing an opportunity for the public or interested parties to submit objections during the announcement period. Director General of Intellectual Property Hermansyah Siregar explained that objections to a trademark application can be officially submitted through the website merek.dgip.go.id during the announcement period. “The objection application can be submitted by attaching supporting evidence, a clear legal basis, and fulfilling the Non-Tax State Revenue (PNBP) fee requirements,” Hermansyah said at the Pasti Ada Solusi event in Jakarta on Friday. He stressed that the entire process is carried out objectively based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. According to him, the announcement period is an opportunity for parties who feel they have an interest to formally submit an objection. Hermansyah added that Law Number 20 of 2016 also regulates the criteria for trademarks that cannot be registered or must be rejected. Therefore, any objection received will be one of the considerations in the substantive examination before a decision on the trademark application is made. Regarding copyright recording, Hermansyah explained that Indonesia’s copyright system adheres to a declarative principle. Thus, if a party feels their rights have been infringed or considers a recording to be contrary to statutory provisions, a mechanism for the deletion of the recording is available as stipulated in Article 74 of the Copyright Law. Ferry conveyed an objection to the trademark application and three copyright recordings related to SISKS Paku Buwono XIV. He argued that the use of the name and title as objects of commercialisation through trademarks and copyright recordings could potentially conflict with applicable legal provisions. “We will submit an objection to the trademark application and apply for the deletion of the copyright recordings in accordance with the available legal mechanisms,” said Ferry. He opined that the name and title of SISKS Paku Buwono XIV cannot be used as objects of commercialisation and that their use must consider legal and cultural values. “I request that the objection to the trademark application and the application for deletion of the copyright recordings be submitted immediately in accordance with the established mechanisms,” said Supratman. He stressed that once the objection and all supporting documents are received, the Ministry of Law will conduct an in-depth review and provide protection to the rightful party in accordance with statutory provisions. The Directorate General of Intellectual Property also urged the public to utilise the available legal mechanisms if they have objections to an intellectual property application. According to the Directorate General, intellectual property protection is an important instrument to provide legal certainty, maintain a balance between the interests of rights holders and the public, and encourage the creation of a healthy innovation ecosystem in Indonesia.