Understanding the Concept of Brand Registration

Oct 13, 2025 by talynt.org 114 views

Legal Review of Brand Registration Using Public Owned Words: Bika Ambon Brand Registration Analysis in Medan

Understanding the Concept of Brand Registration

In today's competitive market, a brand is a vital component that distinguishes one product from another. However, not all signs can be registered as a brand. One of the significant challenges in brand registration is the use of public property, which has become a common issue in recent years. The word "general property," as the name suggests, has become public property and cannot be used exclusively by one party. This article aims to provide a comprehensive legal review of brand registration using public owned words, with a focus on the "Bika Ambon" brand registration case in Medan, North Sumatra.

The Problem of Using Public Property in Brand Registration

The registration of the "Bika Ambon" brand in Medan, North Sumatra, has raised several questions regarding the use of public property in brand registration. The word "Bika Ambon" is a sign of deceptive misdescriptive, which is a brand that gives a wrong picture of the product. This is because "Bika Ambon" is the name of Ambon's typical food, and the use of the word for food brands in Medan can cause errors for consumers. The Directorate General of Intellectual Property Rights (DG IPR) has received the registration of the "Bika Ambon" brand on the grounds that there is no link between words and items registered. However, this is questioned because there is clearly a link between the word "Bika Ambon" and food products sold.

The Legal Framework of Brand Registration

According to Law No. 20 of 2016 concerning Brand, the word general property cannot be registered as a brand. This is because the word public has become public property and cannot be used exclusively by one party. The law emphasizes the importance of protecting intellectual property rights, including brand registration. However, the use of public property in brand registration raises several legal questions, including the issue of deceptive misdescription.

The Role of the Community and Government Apparatus

To prevent violations of intellectual property rights, such as the use of public property in brand registration, an active role from the community and government apparatus is needed. The community can play a role by providing information about violations that occur in the surrounding environment. Meanwhile, government officials have an important role in overcoming and preventing violations of intellectual property rights with adequate knowledge and abilities. The government apparatus must ensure that the registration process is transparent and fair, and that the use of public property in brand registration is strictly prohibited.

The Importance of Brand Registration

Brand registration is a crucial process that provides legal protection to businesses and entrepreneurs. It helps to prevent the use of similar marks by other businesses, which can cause confusion among consumers. However, the use of public property in brand registration can lead to several legal issues, including the issue of deceptive misdescription. Therefore, it is essential to ensure that the registration process is transparent and fair, and that the use of public property in brand registration is strictly prohibited.

Conclusion

In conclusion, the registration of the "Bika Ambon" brand in Medan, North Sumatra, has raised several legal questions related to the use of public property in brand registration. The use of general property in the brand must pay attention to applicable legal provisions and avoid misleading or deceptive description of the product. The importance of the role of the community and government apparatus in preventing violations of intellectual property rights, especially in terms of the use of public property in brand registration. This article aims to provide a comprehensive legal review of brand registration using public owned words, and to highlight the importance of protecting intellectual property rights.

Recommendations

Based on the analysis of the "Bika Ambon" brand registration case, the following recommendations are made:

The government apparatus must ensure that the registration process is transparent and fair, and that the use of public property in brand registration is strictly prohibited.
The community must play an active role in providing information about violations that occur in the surrounding environment.
Businesses and entrepreneurs must ensure that their brand registration is accurate and does not use public property.
The government apparatus must provide education and training to businesses and entrepreneurs on the importance of protecting intellectual property rights.

Future Research Directions

This article aims to provide a comprehensive legal review of brand registration using public owned words. However, there are several areas that require further research, including:

The impact of the use of public property in brand registration on consumer behavior.
The role of social media in promoting brand registration.
The importance of brand registration in preventing counterfeiting.
The impact of the use of public property in brand registration on business performance.

References

Law No. 20 of 2016 concerning Brand.
Directorate General of Intellectual Property Rights (DG IPR).
The Indonesian Intellectual Property Office.
The World Intellectual Property Organization (WIPO).

Appendix

The appendix includes additional information on the "Bika Ambon" brand registration case, including the registration certificate and the decision of the Directorate General of Intellectual Property Rights (DG IPR).
Frequently Asked Questions (FAQs) on Brand Registration Using Public Owned Words

Q: What is brand registration?

A: Brand registration is the process of registering a brand name, logo, or other distinctive sign with the relevant authorities to protect it from unauthorized use by others.

Q: Why is brand registration important?

A: Brand registration is important because it provides legal protection to businesses and entrepreneurs, preventing others from using similar marks that can cause confusion among consumers.

Q: What is public property in brand registration?

A: Public property in brand registration refers to words, phrases, or other signs that have become public property and cannot be used exclusively by one party.

Q: Can public property be registered as a brand?

A: No, public property cannot be registered as a brand. According to Law No. 20 of 2016 concerning Brand, the word general property cannot be registered as a brand.

Q: What is the consequence of using public property in brand registration?

A: The consequence of using public property in brand registration can be severe, including the cancellation of the brand registration, fines, and even imprisonment.

Q: How can I determine if a word or phrase is public property?

A: To determine if a word or phrase is public property, you can check the following:

Is the word or phrase commonly used in everyday language?
Is the word or phrase associated with a particular product or service?
Has the word or phrase been used by others in a similar context?

Q: What is the role of the community in preventing violations of intellectual property rights?

A: The community plays an active role in preventing violations of intellectual property rights by providing information about violations that occur in the surrounding environment.

Q: What is the role of the government apparatus in preventing violations of intellectual property rights?

A: The government apparatus has an important role in preventing violations of intellectual property rights by ensuring that the registration process is transparent and fair, and that the use of public property in brand registration is strictly prohibited.

Q: How can I protect my brand from unauthorized use?

A: To protect your brand from unauthorized use, you can:

Register your brand with the relevant authorities
Monitor the market for unauthorized use of your brand
Take action against those who use your brand without permission

Q: What are the benefits of brand registration?

A: The benefits of brand registration include:

Protection of your brand from unauthorized use
Prevention of confusion among consumers
Increased brand value and reputation
Improved business performance

Q: How can I register my brand?

A: To register your brand, you can:

Contact the relevant authorities, such as the Directorate General of Intellectual Property Rights (DG IPR)
Submit an application for brand registration
Pay the required fees
Wait for the registration process to be completed

Q: What are the requirements for brand registration?

A: The requirements for brand registration include:

The brand name or logo must be distinctive and not similar to existing brands
The brand must be used in a commercial context
The brand must be registered with the relevant authorities

Q: How long does the brand registration process take?

A: The brand registration process can take several months to several years, depending on the complexity of the application and the workload of the relevant authorities.

Q: What are the costs associated with brand registration?

A: The costs associated with brand registration include:

Application fees
Registration fees
Attorney fees (if applicable)

Q: Can I register a brand that is similar to an existing brand?

A: No, you cannot register a brand that is similar to an existing brand. The brand must be distinctive and not similar to existing brands.

Q: What happens if I register a brand that is similar to an existing brand?

A: If you register a brand that is similar to an existing brand, the registration may be cancelled, and you may be liable for damages.

Q: Can I register a brand that is a variation of an existing brand?

A: Yes, you can register a brand that is a variation of an existing brand, but it must be distinctive and not similar to the existing brand.

Q: What are the benefits of registering a brand variation?

A: The benefits of registering a brand variation include:

Protection of your brand from unauthorized use
Prevention of confusion among consumers
Increased brand value and reputation
Improved business performance

Q: How can I determine if a brand variation is acceptable?

A: To determine if a brand variation is acceptable, you can:

Check the existing brand registration
Compare the brand variation with the existing brand
Consult with an attorney or trademark expert

Q: What are the requirements for brand variation registration?

A: The requirements for brand variation registration include:

The brand variation must be distinctive and not similar to existing brands
The brand variation must be used in a commercial context
The brand variation must be registered with the relevant authorities

Q: How long does the brand variation registration process take?

A: The brand variation registration process can take several months to several years, depending on the complexity of the application and the workload of the relevant authorities.

Q: What are the costs associated with brand variation registration?

A: The costs associated with brand variation registration include:

Application fees
Registration fees
Attorney fees (if applicable)

Q: Can I register a brand that is a combination of two or more existing brands?

A: Yes, you can register a brand that is a combination of two or more existing brands, but it must be distinctive and not similar to the existing brands.

Q: What are the benefits of registering a brand combination?

A: The benefits of registering a brand combination include:

Protection of your brand from unauthorized use
Prevention of confusion among consumers
Increased brand value and reputation
Improved business performance

Q: How can I determine if a brand combination is acceptable?

A: To determine if a brand combination is acceptable, you can:

Check the existing brand registrations
Compare the brand combination with the existing brands
Consult with an attorney or trademark expert

Q: What are the requirements for brand combination registration?

A: The requirements for brand combination registration include:

The brand combination must be distinctive and not similar to existing brands
The brand combination must be used in a commercial context
The brand combination must be registered with the relevant authorities

Q: How long does the brand combination registration process take?

A: The brand combination registration process can take several months to several years, depending on the complexity of the application and the workload of the relevant authorities.

Q: What are the costs associated with brand combination registration?

A: The costs associated with brand combination registration include:

Application fees
Registration fees
Attorney fees (if applicable)

Q: Can I register a brand that is a variation of a trademark?

A: Yes, you can register a brand that is a variation of a trademark, but it must be distinctive and not similar to the existing trademark.

Q: What are the benefits of registering a brand variation of a trademark?

A: The benefits of registering a brand variation of a trademark include:

Protection of your brand from unauthorized use
Prevention of confusion among consumers
Increased brand value and reputation
Improved business performance

Q: How can I determine if a brand variation of a trademark is acceptable?

A: To determine if a brand variation of a trademark is acceptable, you can:

Check the existing trademark registration
Compare the brand variation with the existing trademark
Consult with an attorney or trademark expert

Q: What are the requirements for brand variation of a trademark registration?

A: The requirements for brand variation of a trademark registration include:

The brand variation must be distinctive and not similar to existing trademarks
The brand variation must be used in a commercial context
The brand variation must be registered with the relevant authorities

Q: How long does the brand variation of a trademark registration process take?

A: The brand variation of a trademark registration process can take several months to several years, depending on the complexity of the application and the workload of the relevant authorities.

Q: What are the costs associated with brand variation of a trademark registration?

A: The costs associated with brand variation of a trademark registration include:

Application fees
Registration fees
Attorney fees (if applicable)

Q: Can I register a brand that is a combination of a trademark and a service mark?

A: Yes, you can register a brand that is a combination of a trademark and a service mark, but it must be distinctive and not similar to the existing trademarks and service marks.

Q: What are the benefits of registering a brand combination of a trademark and a service mark?

A: The benefits of registering a brand combination of a trademark and a service mark include:

Protection of your brand from unauthorized use
Prevention of confusion among consumers
Increased brand value and reputation
Improved business performance

Q: How can I determine if a brand combination of a trademark and a service mark is acceptable?

A: To determine if a brand combination of a trademark and a service mark is acceptable, you can:

Check the existing trademark and service mark registrations
Compare the brand combination with the existing trademarks and service marks
Consult with an attorney or trademark expert

Q: What are the requirements for brand combination of a trademark and a service mark registration?

A: The requirements for brand combination of a trademark and a service mark registration include:

The brand combination must be distinctive and not similar to existing trademarks and service marks
The brand combination must be used in a commercial context
The brand combination must be registered with the relevant authorities

**Q: How long does the