Juridical Review of the Trademark Appeal Examination Mechanism in the Trademark Appeal Committee

Abstract

One of the intellectual property regimes as part of industrial property rights which is no less important in the business world is Trademark. Trademark is a sign to distinguish between products owned by one party to another party. These signs can be images, logo, name, word, letter, number, colors, either in 2 (two) dimensions or 3 (three) dimensions, sounds, and even holograms. Trademark rights is an exclusive rights obtained by the proprietor based on a registration submitted to the Directorate General of Intellectual Property (DGIP) as the authorized office. The application for trademark registration will go through stages that are part of the trademark registration process, one of which is the Substantive Examination stage refers to the First to File system. The DGIP’s decision shall to grant or to reject the application for trademark registration. If the application for trademark registration is rejected by DGIP, the applicant may submit an appeal to the Trademark Appeal Commission. The Trademark Appeal Commission is an independent special body whose organizational structure is under the Minister of Law and Human Rights of the Republic of Indonesia which is in charge of trademarks so that it lies within the DGIP. The Trademark Appeal Commission has the duty to examine a trademark that rejected by DGIP to consider and to decide whether DGIP’s decision is correct or not.