Polemic of Citayam Fashion Week's Trademark Application

The trademark application for the “Citayam Fashion Week” previously submitted by Indigo Aditya Nugroho has now been withdrawn, according to The Directorate General of Intellectual Property (DGIP) – Indonesian Ministry of Justice and Human Rights.

On 21-25 July 2022, DGIP received four (4) applications for trademark registration related to the word “Citayam”. On July 21, 2022, two (2) applicants applied for Citayam Fashion Week`s trademark, namely PT. Tiger Wong Entertainment and Indigo Aditya Nugroho. Furthermore, on July 24, 2022, Daniel Handoko Santoso also applied for Citayam Fashion Week`s trademark in class 25, which is the class of goods for clothing. Moreover, on July 25, 2022, DGIP also received a trademark application from PT. Tekstil Industri Palekat. However, the applied trademark only uses the word “Citayam” which is submitted for classes 24 and 25. These trademark applications reap a controversy among the public, especially the netizens, who criticize the applicants who wish to register the so-called “collective mark”.

Now, the public is becoming more aware of the importance of Intellectual Property protection and its great potential for economic value. Regardless of the controversy, the trademark application for the “Citayam Fashion Week” is actually can be filed individually or as a legal entity based on Indonesian Trademark Law.

Everyone has the right to apply for intellectual property applications, including trademarks. However, not all trademark applications can be approved or registered. Several stages need to be passed by an applicant before it is decided by the DGIP whether the mark can be registered or not. When an applicant submits a trademark application, a formality check will be carried out for 15 days, then the application will be published for a 2 months period. During this period, anyone can submit an opposition/objection to the DGIP. On the other note, the important thing that must be upheld by every applicant who will register a trademark is good faith. Because when applying for a trademark in bad faith, the applicant will certainly experience many objections from various parties.

“Citayam Fashion Week” has previously been used by the community for communal creative activities in the Sudirman area, Jakarta. During the substantive examination stage, if the mark is proven as a mark that is on a public (communal) property, the trademark application may be rejected by the DGIP. That is why DGIP suggests creators of the “Citayam Fashion Week” to create a community with a legal entity so that they can register their trademark collectively. By registering the collective trademark of “Citayam Fashion Week”, these creators could take advantage of the economic value of the trademark collectively.

Source: www.dgip.go.id

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Nugra & Partners – Intellectual Property Consultant

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