Transfer of Rights to Registered Marks
Eddy Leks, our Managing Partner, interviewed by Esquire Magazine
12/06/2015
A legal view publication in Forbes Indonesia, July 2015 edition, titled “Condominium Confusion”
02/07/2015
Background
The transfer of rights to registered marks is regulated under Law No. 15 of 2001 on Mark (“Law No. 15/2001”). Mark is a sign that is described in the form of picture, name, word, letter, number, color arrangement, or combination of elements thereof, which has distinctive capacities and is used on goods or services in the course of business.
Recording the Transfer of Rights
The transfer of rights to a registered mark occurs due to several matters, such as:
- inheritance;
- testament;
- grant;
- agreement, or
- other reasons permitted under the regulations.
The transfer of registered mark shall be recorded in the general register of mark, through an application to the Directorate General of Intellectual Property (“DG IPR”), along with its supporting documents, such as certificate of mark.
The transfer of rights to a registered that has been recorded will be announced in the official report of mark. The transfer of rights to a registered mark will only be recorded by DG IPR if the registration is supplied with a written statement from the transferee that the mark will be used for the trade of good and/or service purposes.
The transfer of right to a registered mark shall have no legal consequence if it is not recorded in the general register of mark.
Other Provisions
The transfer of rights to a registered mark can also be complemented with the transfer of a good name, reputation, or others related matters in relation to the trademark.
The right of a registered service mark that cannot be separated from the ability, quality, or personal skills of the related service provider can be transferred, as long that there is a guarantee of service quality. The guarantee is a guarantee either from the mark owner or mark holder in order to protect the quality of service traded.
Panji Satria
