Heaptalk, Jakarta — The polemic of the Citayam Fashion Week’s (CFW) intellectual property right that were claimed by several parties has captivate large public’s attention. As stated at the press conference held by the Directorate General of Intellectual Property on 26 July 2022, there are four applications for intellectual property associated with Citayam Fashion Week.
One applicant of the service category, Indigo Aditya Nugroho, has withdrawn its application on 25 July 2022. Afterward, PT Tiger Wong Entertainment, has also withdrawn its application, leaving two applications for the goods category under the name of Daniel Handoko Santoso and PT Tekstil Industri Palekat.
During the press conference on 26 July 2022, the executive officer of the Director General of Intellectual Property, Razilu, emphasized that all parties, both individuals and legal entities, have the right to apply for intellectual property right. Furthermore, he explained that registering intellectual property can be performed not only by the initiator, but also other parties who obtained approval from the initiator.
However, the applicant does not immediately gain trademark legal protection. “Only those who fulfill administrative and substantive requirements are entitled to have trademark rights. Therefore, the public must know that the actual process to get the trademark registered goes through several stages,” said Razilu.
The first stage is applying through the online portal managed by the Directorate General of Intellectual Property by completing several administrative requirements: etiquette/trademark label, applicant’s signature, and additional letters for micro and small business applicants. Moreover, the application will undergo a formality check. There is a verification period, namely 15 days, to carry out the formality check. The submission will be published for two months to receive public responses.
Razilu said, “So anyone at the time of publication may submit an opposition or objection to us.” Any objection arguments obtained during publication will be used as additional data for substantive examination. On substantive examination, the Directorate General of Intellectual Property will determine whether the application is accepted or not. The decision of trademark registration acceptance will refer to Law No. 20 of 2016 concerning Brands and Geographical Indications articles 20 and 21.
Razilu also mentioned that another important thing to consider in applying for trademark registration is good faith. He believes that without this commitment, the applicant will experience fatigue as the process will take time. During the process, the objections and lawsuits from other parties is likely to happen, thus it will require big effort and cost. Without having a good faith, Razilu suggested the applicant to stop the process and allow the rightful obtain the trademark rights.
