Limitation of Protection for Non-Traditional Trademark Protection in Indonesia: Certainty Over Progressivity?

Abstract :

Indonesia has been issued Law Number 20 Year 2016 on Trademark and Geographical Indication. This Law defined Trademark as the sign which are graphically visible in form of drawing, logo, name, words, alphabets, numbers, color composition in two dimensional form and / or 3 dimensional form, sound marks, hologram or the combination of two or more elements to distinguish goods and / or services produced by the person or legal entity in commercial activity of goods and services. The scope of trademark protection in this law is broader and not limited to word, symbol, design and color composition. This new law also introduces a number of significant changes that refine current practices; one of the most important amendments is concerning Non Traditional Trademark.?This paper aims to examine broad and massive potential for nontraditional trademark envisioned in Indonesian New Trademark Law using juridical comparative methods. The result shows that? the scope of nontraditional mark protection remains limited to three dimensional trademark, sounds mark and hologram marks this as the result of “graphically visible requirement” comparing with other jurisdictions, many countries perceived Non Traditional Trademark as a progressive effort to comply with global trade tendencies for in recent years the industries keep registering more and more trademarks in unconventional area like hologram, three dimensional trademark, hologram sounds, scents and even taste.??Based on the comparison studies, the sensory marks have become inevitable part of product development and trademark innovation in global market. These facts brought the conclusion that Indonesia urges to examine the trademark law system in comparative law perspectives to gain more comprehensive understanding about the best practices of non traditional trademark protection.