Trademark

About Trademark

Trademark are often refers to two terms in English that is ‘trademark’ and ‘mark’. ‘Trademark’ is intangible trademark form a set of perceptions that exist in the minds of consumers, while ‘mark’ is a sign. Generally, the trademark is defined as a word, phrase, symbol, design, sound, smell, color, configuration, character sets or numbers, or a combination of those elements, which are used as a sign of a company's goods or services on the owner to distinguish with goods and services that are made, sold, or provided by others. Meanwhile, according to the Indonesian Trademark Law number 15 of 2001, trademark is a "sign" in the form of images, names, words, letters, figures, composition of colors or a combination of those elements that possess distinguishing features and used in the trading of goods and services. Can be seen that the sound and smell are not included in a trademark in Indonesia.

Difference of Trademark

There is a fundamental difference between the trademark with the other IPR. When other types of IPRs (patents, copyrights, industrial designs, layout designs of integrated circuits, plant varieties protection and trade secrets) may be a direct result of research activities, is not the case with a trademark. Trademark at LIPI is also used as a sign to the goods or services to distinguish the goods and services that are made, sold, or provided by others. manufacture and registration of new trademark worth doing if the existing research results of commercial value activities.

Some of the following advantages can be obtained if a person has a registered trademark. 

  1. Rights to use its own;
  2. Rights to divert to the other party;
  3. Rights to give permission to others to use the trademark;
  4. Right to extend the legal protection of the trademark;
  5. The right to sue whether civil and criminal;
  6. The right to obtain legal protection from the demands of otherswhether civil and criminal.

Registered trademark protected by law for a period of ten years and for the next after it expires can be extended again for a period of ten years. Request for extension must be filed prior to 1 year expire until the last day of the validity period of trademark.

Trademark in LIPI

Here is the trademark produced by LIPI listed in the Directorate General of IPR until the end of 2013.

merek LIPI