Damage to Brand Reputation

Oct 13, 2025 by windailys.com 70 views

The Consequences of Brand Law are Not Registered Based on Law Number 20 of 2016 Concerning Brands and Geographical Indications: A Case Study of Masday Shoes Indonesia

Introduction

In today's competitive business landscape, a brand is more than just a symbol; it's a valuable asset that can make or break a company's success. The importance of brand law and registration cannot be overstated, as it provides legal protection against forgery, imitation, and unauthorized use. However, many businesses, including Masday Shoes Indonesia, are not aware of the consequences of not registering their brand. This article will delve into the consequences of unregistered brands in Indonesia, using the case study of Masday Shoes Indonesia, and explore the importance of brand registration.

The Importance of Brand Registration

Brand registration is a crucial step in protecting a company's brand identity and preventing unauthorized use. In Indonesia, brand legal protection is regulated by Law Number 20 of 2016 concerning Brands and Geographical Indications. This law provides a framework for brand registration, which is essential for businesses to safeguard their brand reputation and prevent losses due to unauthorized use.

The Consequences of Unregistered Brands

Unregistered brands are vulnerable to forgery, imitation, and unauthorized use, which can lead to significant losses for the brand owner. Some of the consequences of unregistered brands include:

Loss of Legal Protection: Unregistered brands do not have sufficient legal force to fight forgery or unauthorized use by other parties.
Loss of Potential Profit: A strong and registered brand can be a valuable asset for the company, increasing selling value, attracting investors, and building consumer trust. Without registration, all these benefits are at risk of missing.
Damage to Brand Reputation: Unauthorized use or forgery of a brand can damage the brand's reputation and erode consumer trust.

Case Study: Masday Shoes Indonesia

The case study of Masday Shoes Indonesia highlights the importance of brand registration. Despite being a well-established brand in the city of Medan, Masday Shoes Indonesia has not registered its brand. This lack of registration has led to several challenges, including:

Lack of Knowledge: The owner of Masday Shoes Indonesia is not aware of the rules and procedures of brand registration, which has hindered the registration process.
Registration Fee: The brand registration process is considered expensive, making it a burden for small and medium businesses like Masday Shoes Indonesia.
Old Process: The brand registration procedure can take a long time, making the brand owner reluctant to start the process.

Research Methods

This study uses two approaches: normative and empirical. Normative research utilizes literature materials such as books and regulations relating to brand law, while empirical research was conducted through direct interviews with the owner of Masday Shoes Indonesia. The results of this interview provide a clear picture of the obstacles faced in registering brands, as well as the owner's perception of the importance of brand registration.

Conclusion

In conclusion, brand registration is an essential step in protecting a company's brand identity and preventing unauthorized use. The consequences of unregistered brands are significant, including loss of legal protection, loss of potential profit, and damage to brand reputation. The case study of Masday Shoes Indonesia highlights the importance of brand registration and the challenges faced by businesses in registering their brands. It is essential for businesses to realize the importance of brand registration and take the necessary steps to protect their brand identity.

Recommendations

Based on the findings of this study, the following recommendations are made:

Raise Awareness: Raise awareness among businesses about the importance of brand registration and the consequences of unregistered brands.
Simplify the Registration Process: Simplify the brand registration process to make it more accessible and affordable for small and medium businesses.
Provide Support: Provide support to businesses in registering their brands, including training and resources to help them navigate the registration process.

By implementing these recommendations, businesses can protect their brand identity and prevent unauthorized use, ultimately leading to success in the competitive business landscape.
Frequently Asked Questions (FAQs) About Brand Registration in Indonesia

Q: What is brand registration, and why is it important?

A: Brand registration is the process of registering a brand with the Indonesian government to protect it from unauthorized use. It is essential for businesses to register their brand to prevent forgery, imitation, and unauthorized use, which can lead to significant losses.

Q: What are the benefits of brand registration?

A: The benefits of brand registration include:

Legal Protection: Brand registration provides legal protection against forgery, imitation, and unauthorized use.
Increased Selling Value: A registered brand can increase the selling value of a product or service.
Attracting Investors: A registered brand can attract investors and partners.
Building Consumer Trust: A registered brand can build consumer trust and loyalty.

Q: What are the consequences of not registering a brand?

A: The consequences of not registering a brand include:

Loss of Legal Protection: Unregistered brands do not have sufficient legal force to fight forgery or unauthorized use.
Loss of Potential Profit: A strong and registered brand can be a valuable asset for the company, increasing selling value, attracting investors, and building consumer trust. Without registration, all these benefits are at risk of missing.
Damage to Brand Reputation: Unauthorized use or forgery of a brand can damage the brand's reputation and erode consumer trust.

Q: How do I register a brand in Indonesia?

A: To register a brand in Indonesia, you need to follow these steps:

Conduct a Search: Conduct a search to ensure that the brand name is not already registered.
Prepare the Application: Prepare the application for brand registration, including the brand name, logo, and description.
Submit the Application: Submit the application to the Indonesian Intellectual Property Office (KOA).
Pay the Fees: Pay the fees for brand registration, which include the application fee and the registration fee.
Wait for Approval: Wait for approval from the KOA, which can take several months.

Q: What are the requirements for brand registration in Indonesia?

A: The requirements for brand registration in Indonesia include:

Brand Name: The brand name must be unique and not already registered.
Logo: The logo must be distinctive and not already registered.
Description: The description of the brand must be clear and concise.
Proof of Use: Proof of use of the brand must be provided.

Q: How long does the brand registration process take?

A: The brand registration process can take several months, depending on the complexity of the application and the workload of the KOA.

Q: Can I register a brand that is already registered in another country?

A: Yes, you can register a brand that is already registered in another country, but you must ensure that the brand name is not already registered in Indonesia.

Q: What are the fees for brand registration in Indonesia?

A: The fees for brand registration in Indonesia include:

Application Fee: The application fee is IDR 500,000 (approximately USD 35).
Registration Fee: The registration fee is IDR 1,000,000 (approximately USD 70).
Renewal Fee: The renewal fee is IDR 500,000 (approximately USD 35) every 10 years.

Q: Can I cancel my brand registration?

A: Yes, you can cancel your brand registration, but you must follow the procedures set by the KOA.

Q: What happens if I forget to renew my brand registration?

A: If you forget to renew your brand registration, your brand will be considered abandoned, and you will lose your rights to the brand.