How to check brand name in Indonesia prior to registration. Selecting and verifying a unique and safe brand name in Indonesia is the most critical preparatory step in the trademark registration process.
After a trademark is registered, any established public usage can threaten the exclusivity of your brand rights. Therefore, thoroughly check brand name in Indonesia prior to registration is very important.
Here is a comprehensive guide to best practices for checking brand name availability in Indonesia to ensure no conflicts exist with the rights of other parties, both registered and unregistered. Conduct thorough verification early on to avoid rejection or disputes at a later stage. These are why, instead of independently, it is best to use Patendo's professional services to check brand names in Indonesia. Please visit us at https://patendo.co.id/
The first step is to search the official database of registered trademarks owned by DGIP. Check SIPD and e-trademark for identical or similar brands in visual appearance, sound (phonetic), or meaning (concept) to your selected brand name.
Also understand the implications of a “brand in process,” where another party has already pending or applied for registration. Concurrent brands have equal legal strength and can sue each other at a later date. So find out the status of active trademark applications besides just registered trademarks.
Although unregistered, a brand that has been adequately used in Indonesia still gets legal protection. Therefore, it is also necessary to factually check brand name in Indonesia through Google, social media, and direct observation.
Market research can reveal popular brand names used publicly despite having no registration. Has your chosen brand name been actively used by other businesses in Indonesia? If yes, the risk of future disputes is quite large.
After initial checks, consult the findings with professional brand consultants such as Patendo. Experienced IP consultants can provide objective input regarding potential rejection risks or infringement from the brand name you wish to register.
If deemed risky, they can also recommend adjustments/modifications and optimal brand protection strategies for safe usage and registration eligibility. Conduct a final review with trademark experts before moving to the next stages.
Ensure the brand name you will register has passed conflict check tests with any third party, both registered and unregistered. Prepare thorough verification records that you have comprehensively check brand name in Indonesia to fulfill good faith criteria.
By carefully checking brand name availability in Indonesia early on, you can confidently register your selected brand and avoid possibility of rejection or detrimental ownership disputes in the future. So do not ignore this extremely critical clearance procedure!
Note that brand name checks do not only cover identical values, but also conceptually similar brands. In Indonesia, two essentially comparable brands can sue each other for infringement.
Therefore, closely examine risks of similarities in visual, meaning, and phonetic aspects between your brand name candidate compared to existing registered or earlier used brands. Avoid names with potential to deceive or confuse consumers even if not 100% equal.
Brand experts can assist in identifying whether there is a meaningful threshold of similarity risk or not. You would not want a registrable name that is still vulnerable to infringement lawsuits for being deemed as deceiving consumers.
When registering a trademark with DGIPR, also mindfully state the goods/services category in specific and accurate manner. Do not over-expand into industries outside your business sector.
Because doing so opens possibilities for parties to sue should they feel disadvantaged by over-reaching or irrelevant products listed under your registered brand. Consult for best practices prudence here.
Those are several important guidelines in checking and verifying brand name availability along with assessing risks prior to initiating Indonesia trademark registration. By conducting proper preliminary due diligence thoroughly and carefully, you can register trademarks in a safer and confident manner. Hopefully this information is useful!
Verifying brand name availability before trademark registration is very important to avoid rejection or ownership disputes. As a professional IP consultant, Patendo has 5 advantages to assist in this process.
With a wealth of case experience over more than a decade, Patendo is very familiar with Indonesia's trademark regulations.
Patendo has access to various databases of registered and unregistered brands, including obscure market data.
Patendo's extensive network allows thorough investigation of brand usage without registration.
Patendo's expert team cross checks risks of language, region, and thresholds of infringement for brand names.
In addition to brand conflict information, Patendo also provides recommendations for legally safe name improvements.
To ensure there are no identical or similar trademarks already registered or used by other parties in Indonesia. This is to avoid rejection or disputes at a later stage.
You can check the trademark database of the Directorate General of Intellectual Property Ministry of Law and Human Rights or it would be wise to contact an experienced IP consultant like Patendo that has 10 years of experience in trademark registration in Indonesia.
Professional IP consultants like Patendo are experts in conducting comprehensive brand name checks, both registered and unregistered.
What is the ideal length of time for the brand name checking process?
The checking process should take 1-2 days in order to thoroughly investigate both registered and unregistered trademarks in Indonesia.