The role of brand within the patent laws

November 22, 2017

A brand can be a necessary name or identity for an invention, so it will be recognized by both the people and the government, while it allows the inventor or the manufacturer to protect their work as well. It’s necessary for every investor to know the role of brands in the patent laws. In the meantime, you may also need to check out the best Patent Attorney, so you can hire a law firm whenever someone or an organization tries to steal your work.

Brand Function

According to Endang Purwaningsih, a brand is used by a manufacturer or brand owner to protect its products, whether in the form of merit or other merchandise, according to which a brand has the following functions:

Distinguishing function, which is to distinguish one product from another company’s product

The reputation guarantee function, in addition to being a mark of product origin, also personally connects the reputation of the branded product with the manufacturer, while providing quality assurance of the product.

Promotional function, which is also used as a means of introducing and maintaining the reputation of old products are traded, as well as to dominate the market.

The function of investment stimulus and industrial growth, ie the brand can support industrial growth through investment, both foreign and domestic in the face of free market mechanism.

The function of the brand can be seen from the point of producers, traders, and consumers. In terms of brand manufacturers are used to guaranteeing the value of their products, especially regarding the quality, then the use, from the traders, the brand is used for the promotion of goods merchandise in order to find and expand the market, from the consumer, the brand is used to make a choice of goods to be purchased.

Meanwhile, According to Imam Sjahputra, the brand function is as follows:

As a distinguishing mark (identifier);
Protecting the consumer society;
Maintain and secure the interests of producers;
Gives prestige for reputation;
Quality assurance.
Brand Requirements and Registration

The brand registration system adheres to a constitutive approach, a registration system that will give rise to a right as the first user on the brand, the first registrant to be the brand owner. Third parties can not sue despite good intentions.

Eula G. Snow

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Eula G. Snow