Submission of Brand Rejected Haki? This is the cause and solution!

The reasons for the brand rejected by IPR often make businesses confused and disappointed, especially if the brand has been used in business activities. This rejection is not without reason, but because of the legal provisions that must be met. For this reason, this article will discuss the causes, tips and solutions so that the submission of brand requests can be immediately accepted.

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What is HAKI and why is it important to register a brand?

Intellectual Property Rights (IPR) is a right that arises from the results of human thought/intellectuals that produce a process or product of goods and/or services that are useful for humans themselves and are useful and economic value that can advance the economy of a nation.

In practice, IPR includes various forms of human innovation and creativity. Starting from copyright, patents, trade secrets, brands, industrial design, integrated circuit layout design, plant varieties and so forth.

Among the several types of IPR protection above, the brand is one of the very important aspects, especially in running a business. Because, the brand is not just a name or logo, but an identity that distinguishes the product or service of a business actor from other business actors. He can help the seller in market segmentation and make it possible to attract a group of loyal and benefited a businessman.

In addition, through brand registration, business actors will obtain exclusive rights from the country to use the brand. The brand owner also has the right to give permission to other parties to use it, and can prohibit other parties from using the brand without permission.

Thus, brand registration will certainly provide legal protection for registered brands. This protection is important to prevent imitation or use without permission that can harm the reputation and potential of business profits.

Also read: How to Get IPR Protection Easily and Legally

The general cause of the brand submission is rejected Haki

In the brand registration process, rejection often occurs. The following are some of the common causes of rejected the application for brand registration by the Directorate General of Intellectual Property (DJKI) based on Article 21 of Law Number 20 of 2015 concerning Brands and Geographical Indications (“Brand Law”), including:

1. The brand has similarities in the main or whole with a registered brand owned by another party or requested first by other parties for similar goods and/or services
2. The brand has similarities in the main or whole with the famous brand of other parties for goods and/or similar services
3. The brand has similarities in the main or whole with a well -known brand of other parties for goods and/or services that are not the same that meet certain requirements
4. The brand has similarities in the main or whole with registered geographical indications
5. The brand is or resembles the name or abbreviation of the name of the famous person, photo or name of another person’s legal entity, except for written approval from the right
6. Brand is an imitation or resembles a name or name abbreviation. flags, symbols or symbols or emblems of a country or national and international institutions, except with written approval from the authorities
7. The brand is an imitation or resembles an official sign or stamp or stamp used by the state or government institution, except with the written approval of the authorities
8. The brand is submitted by the applicant who has a bad faith

Also read: Legal Provisions About E-Commerce

How to find out the reason for the rejection from DJKI

The reasons for rejection from DJKI can be known through an official notification letter sent after a substantive examination. The notification letter contains a legal basis and specific description of the reasons for rejection of brand requests in accordance with the provisions stipulated in the Brand Law, such as equations with other registered brands, contrary to public order or so forth.

Also read: How to Protect Trade Secrets in Business

Steps that can be taken if the brand submission is rejected

If the brand submission is rejected by DJKI, business actors can submit an objection or appeal in writing to the brand appeal commission within a period of 3 months from the date of issuance of rejection notification. This appeal request is submitted by describing the complete objection and reasons for the rejection of the application.

As for if the brand appeal commission rejects an appeal request, business actors can file a lawsuit against the decision to the commercial court within a maximum of 3 months from the receipt of the decision to rejection. Thus, the decision of the Appeal Commission of this brand is not final.

Conversely, if the brand appeal commission grants the appeal request, the Minister will issue and provide brand certificates to business actors.

Also Read: What Is Intellectual Property Rights? Recognize the definitions and types!

Tips so that the submission of the brand is not rejected IPR

There are some tips so that your brand submission is not rejected by IPR, including:

1. Do a brand search first
   Make sure the brand to be registered has not been registered and does not have similarities in the main or whole with other brands in the same class.

2. Use a unique and unique brand
   Choose a brand that has a distinguishing power and is not descriptive. Avoid the use of general terms that describe the type of goods or services.

3. Avoid using illegal elements
   Do not use the state symbol, symbols of international organizations, or other elements that are contrary to the law, morality, and public order.

4. Use language that is not misleading and confusing
   Avoid using language that can cause misunderstandings about the quality, function, or origin of goods/services.

5. Make sure the suitability of the class/service class
   Choose the right class according to the type of goods or services offered to avoid classification errors.

Also read: Examples of Haki Violations The most common

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(This article has been edited by the perqara editorial team)

Legal basis

1. Law Number 20 of 2015 concerning Brand and Geographical Indications