Criminal Law Remedies for Registered 3-Dimensional Trademarks: Innovative Protection for Trademark Owners

JAKARTA: The enforcement of criminal law based on three-dimensional (3D) trademarks remains relatively novel in Indonesia, despite its long-standing regulation under the Trademark and Geographical Indication Law (Law No. 20 of 2016). The first criminal complaint concerning a 3D trademark infringement in Indonesia was filed with law enforcement authorities in 2021.

Under the Trademark and Geographical Indication Law, a 3D trademark is recognized as one of the registrable types of trademarks in Indonesia. In an era of increasing global competition, many trademark owners seek to protect their product identity and distinctiveness through trademark registration in multiple jurisdictions. One emerging protective measure is the registration of 3D trademarks.

Although frequently equated with industrial design registration, 3D trademark protection differs fundamentally. Industrial design registration serves to safeguard the aesthetic aspects of a product for a fixed statutory period, whereas a 3D trademark grants the trademark owner exclusive rights that can be renewed indefinitely, provided that timely renewal applications are submitted.

This protection enables trademark owners to claim their product’s distinctive shape as a legally recognized brand identity, preventing unauthorized replication. Additionally, once the industrial design protection period expires, the design enters the public domain, allowing unrestricted use by any party without the original owner's consent. In contrast, a registered 3D trademark remains under the owner’s control as long as the registration and renewal requirements are met, ensuring continuous protection over the product’s form.

As legal attorney handling the first police report based on a 3D trademark in Indonesia, we encountered significant challenges in navigating legal procedures that remain unfamiliar with this form of protection. The process required the collection of substantial evidence to demonstrate that the product’s shape is widely recognized as a trademark identity and to establish that the infringing product replicates an identical shape or design, even if marketed under a different brand name.

Through extensive engagement with law enforcement, investigators, and expert witnesses from the Directorate General of Intellectual Property (DGIP), as well as the submission of supporting documentation, including the 3D trademark certificate and comprehensive analytical reports, the case was formally acknowledged and proceeded with by the authorities. On the basis of 3D trademark protection, look-alike products—those that imitate a product’s shape while being marketed under a different trademark—can now be subject to legal action.

The enforcement of 3D trademark protection carries significant legal and commercial implications for brand owners. By securing such protection, trademark holders can safeguard their brand identity and preserve their product’s distinctiveness over time, mitigating the risk of unauthorized imitation or market dilution. Moreover, ensuring consistency in the shape of a product protected by a 3D trademark enhances consumer trust and reinforces brand recognition.

Consumers inherently associate a product’s unique shape with its quality and the reputation of its trademark. Consequently, 3D trademark protection serves as an effective legal mechanism to uphold exclusive rights, deter counterfeiting, and sustain long-term customer loyalty.

Given the substantial legal and commercial benefits of 3D trademark protection, its registration should be an essential component of any comprehensive trademark enforcement strategy. K&K Advocates has extensive experience in 3D trademark enforcement and protection, delivering long-term strategic advantages for brand owners.

Registering a 3D trademark aligns with evolving market demands and the need for a more adaptable and enduring intellectual property protection framework.