Trademark in Trade Law

Trademark RightsSubjects Trademark RightsThe subject mark rights is the registered trademark owner in the General Register of Marks for a period of time using its own brand or create a license to a person or persons jointly or a legal entity. Brand owners can consist of one person, or jointly or a legal entity.
Brand TypeTrademark Law recognize three kinds of brands, namely Trademarks, Service Marks and Collective Marks. Trademarks are marks used on goods that are traded by a person or persons jointly or a legal entity to distinguish with other similar items. Brand Services is the brand used on services that are traded by a person or persons jointly or a legal entity to distinguish with other similar services. While Collective Brands is a brand that is used on goods or services with the same characteristics that are traded by several persons or legal entities together to distinguish the goods or other similar services. Especially for a collective mark, some scholars such as Saidin (1995) considers that it can be categorized as a kind of brand, because the collective mark is actually made up of service marks and trademarks.
Duration of Trademark ProtectionRegistered Trademark get legal protection for a period of 10 years and with retroactive effect from the date of receipt of application for registration of the mark concerned (Pasal7). Brand protection period can be extended every time for the same period, at the request of the owner of the brand. The request was addressed to the Trademark Office and shall be submitted in writing by the owners or their proxies within a period of at least 6 months and not more than 12 months before the expiry of the period of protection for registered trademarks (Article 36).