Ministry of Law says using a famous culinary brand name is not a free right
Jakarta — The Ministry of Law (Kemenkum) has reiterated that using another party’s widely recognised name in culinary business activities is not an unrestricted right and should be treated with caution.
Director of Brand and Geographical Indications at the Directorate General of Intellectual Property (DJKI) Kemenkum, Fajar Sulaeman Taman, said that promotional strategies that associate a business with another party’s reputation—such as listing the identity of a “former chef of a renowned restaurant”—can constitute intellectual property violations if not based on lawful consent.
A brand is an intellectual property asset protected by the state because it contains economic value, business reputation, and quality standards built through a long process and sustained investment, he said.
In legal terms, the registered trademark owner has exclusive rights to use its mark. Those rights cannot be exploited, copied, or linked by others without written permission, so using another party’s name or reputation in commercial activity may lead to legal disputes.
Beyond trademark violations, he emphasised the risk of trade secret breaches. This risk arises if a business operator brings, discloses, or uses recipes, formulas, or production processes that are confidential from a previous workplace without the owner’s consent.
“Copying a big-name brand must be treated seriously. In addition to potential breaches of the Trademark Law, such actions can also amount to trade secret violations if accompanied by use of confidential recipes, formulas, or production processes without authorisation,” he said.
Apart from legal considerations, he noted that using a famous brand name by another party can also damage reputations. Such practice can create a public perception that the quality of products and service standards of the new business originate from the same source as the original brand.
When the quality of the products or services does not meet consumer expectations, a negative perception can become attached to the legitimate brand, he argued. This phenomenon is known as brand dilution—the erosion of a brand’s reputation and exclusivity due to distorted public perception, whose effects are often hard to recover.
Therefore, he urged UMKM actors to build their businesses independently with original identities. Sustainable business independence should be based on honesty, respect for others’ intellectual property, and compliance with applicable law.
As a preventive step to protect intellectual property, he urged prospective entrepreneurs to register brands from the early planning stage to ensure legal certainty and legitimate business assets. “Registering a brand from the outset will provide legal certainty and protect the business from potential disputes later,” said Fajar.
Trademark registration can currently be done online via the official DJKI portal at merek.dgip.go.id. This step is expected to support a healthier, fairer, and more competitive national business climate, while ensuring protection of Indonesian entrepreneurs’ innovation and creativity.