Check Logo First if you want to Register a Trademark
Highlights
- You can check trademarks and logos for free through the official government database at pdki-indonesia.dgip.go.id.
- Set the search filter to the “Trademark” category and enter your brand name or a description of your logo to check its registration status.
- To verify visual originality, you can use online tools such as Google Reverse Image Search or TinEye to identify similar images across the internet.
- Once your logo has been confirmed to be sufficiently distinctive, proceed with trademark registration through DJKI as soon as possible to secure exclusive rights before a competitor files a similar application.
For business owners, a logo is more than just a visual identity. It represents your brand’s reputation and serves as a valuable asset that distinguishes your products or services from competitors in the market.
Before launching your product, it is important to know how to properly check your logo. This helps ensure that your brand’s visual identity is available for use, does not infringe on someone else’s rights, and is suitable for trademark registration.
How can you check it? Read this article to find out!
Why Should You Check Your Logo and Trademark Before Starting a Business?
When it comes to intellectual property protection, Indonesia follows a First-to-File system.
This means that the party who first files an application to register a trademark or logo with the government through the Directorate General of Intellectual Property (DJKI) is generally recognized as the legal owner of the trademark.
This applies regardless of who actually created or used the trademark first in practice (de facto).
Therefore, you should check your business logo before using or registering it. This helps determine whether the logo is available for registration and whether it is likely to be considered confusingly similar to an existing trademark.
Failing to conduct a proper check could expose your business to several risks:
1. Legal Notices and Lawsuits
An existing trademark owner may take legal action against your business if your logo or branding is found to infringe their intellectual property rights.
2. Financial Losses Due to Rebranding
You may have to remove products from the market and replace packaging, store signage, marketing materials, websites, and social media assets. These changes can result in significant costs.
3. Trademark Application Rejection
When you attempt to register a new trademark or logo, DJKI may reject your application if it is considered substantially similar to an existing registered trademark.
Complete Guide: How to Check a Logo Through PDKI
The first step is to check the legal status and availability of your proposed logo and trademark.
You can conduct a preliminary logo search online through the official intellectual property database operated by the Directorate General of Intellectual Property (DJKI).
Here is a step-by-step guide to checking a trademark or logo yourself:
- Open your browser and visit the Intellectual Property Database (PDKI) at https://pdki-indonesia.dgip.go.id/.
- On the homepage, you will find a search bar with a drop-down menu next to it. Select or make sure the category is set to “Trademark” (Merek).
- Enter your brand name or relevant keywords describing your logo in the search field, then press Enter or click the search icon.
- The system will display trademark records that may have similar names or descriptions. Pay attention to the “Status” shown for each result:
- Registered: The trademark has been registered and is legally protected. You should not use or imitate it.
- Rejected/Withdrawn: The application was rejected or withdrawn. However, this does not automatically mean the trademark is safe to use or register, so further checks are still necessary.
- Pending: The trademark application is still being processed, meaning another party is currently seeking registration rights.
Alternative Online Tools to Check Your Logo’s Originality
The PDKI database primarily relies on text-based searches and trademark descriptions.
However, potential infringement can also involve visual similarities, such as similar icons, shapes, layouts, or color combinations.
To overcome this limitation, you can use several free online tools to check whether your logo or graphic design has already appeared elsewhere on the internet.
1. Google Reverse Image Search
Google provides powerful image recognition technology that can help you find visually similar images online.
Here’s how to use it:
- Open images.google.com on your computer or mobile device.
- Click the Google Lens camera icon in the search bar.
- Upload your draft logo.
- Google will analyze the image and show visually similar images found across the internet, including similarities in shapes, silhouettes, and color combinations.
2. TinEye
TinEye is a visual search engine designed to help users find where images have appeared online and track modified versions of images.
It can be useful for checking whether a graphic asset or icon used in your logo may have been copied or adapted from another work available online.
Simply upload your logo file, and TinEye will show websites where matching or similar images have been published.
What Should You Do If Your Logo Looks Similar to Someone Else’s?
If your visual and trademark searches indicate that your logo is highly similar to an established brand, it is better not to take the risk.
Here are several steps you can consider:
1. Modify the Visual Elements
Change the shape of the icon or logomark, adjust the layout, or use a different typeface to create a clearer visual distinction.
2. Change the Color Palette
Color can have a significant impact on visual perception and brand recognition. Changing the primary color combination may help create a more distinctive appearance.
3. Redesign the Concept Completely
If your logo is highly similar to another brand operating in the same or a related industry, starting the design process from scratch may be the safest option.
Once you have revised your logo and confirmed that the new design is sufficiently distinctive and available for registration, consider registering it as a trademark as soon as possible.
Do not unnecessarily delay the process. Under a First-to-File system, registering your trademark early can help secure exclusive rights before another party files a similar application.
FAQ
1. How can I check whether a logo is already registered as intellectual property?
You can perform a preliminary search online through the official PDKI database at pdki-indonesia.dgip.go.id. Select the “Trademark” category and enter your brand name or relevant keywords into the search field.
2. Can two businesses use similar logos?
It may be possible, depending on the circumstances. Trademark protection is generally assessed based on factors such as the similarity of the marks, the goods or services involved, and the likelihood of consumer confusion.
For example, two similar marks may potentially coexist if they are used for completely different goods or services, such as a restaurant and an automotive repair business. However, this should not be assumed automatically, and a proper trademark search is still recommended.
3. What tools can I use to check the originality of a logo design?
To check the visual originality of a logo and find potentially similar images online, you can use free tools such as Google Lens and TinEye.
Protect Your Business Identity and Logo Today
Spending a few minutes checking your logo before launching your business can help protect you from potentially significant financial losses in the future.
Don’t let the hard work you put into building your brand be undermined by an avoidable trademark or intellectual property dispute.
Trademark searches and registration require careful attention to detail and an understanding of intellectual property law.
If you want a simpler, safer process handled by professionals, you can use Jasa Merek to help manage the legal aspects of protecting your business identity.
Protect your valuable brand assets and secure your business’s future today. Have your logo reviewed and let experienced professionals help ensure that your brand is ready for trademark registration.
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