Over the past two years, plant-based food consumption has grown by 49% across the EU, reaching a total sales volume of €3.6 billion.
Indonesian Halal logo
2025-05-15
The Indonesian government established the Halal Product Guarantee Agency (BPJPH) to develop halal certification regulations and policies in Indonesia. The government also issued a new version of the Indonesian Halal logo in accordance with the BPJPH's 2022 decision on the establishment of a halal label. This ruling is an implementation of Article 37, Section 33 of the 2014 Halal Product Guarantee Law.
Please note that the new Indonesian Halal logo is protected by intellectual property rights in the database of the Directorate General of Intellectual Property and cannot be commercialized without permission.
According to Article 1(5) of the Trademark Law, trademark right is the exclusive right granted by the state to the owner of a registered trademark through the owner's own use or authorization of others to use the trademark for a certain period of time.
Furthermore, brands are classified as either trademarks or service marks. A trademark is a sign used to distinguish an item exchanged by one person, group of persons, or a corporate body from other similar items.
Meanwhile, a service mark is a trademark that is intended to distinguish services traded by one person or many persons collectively or by a legal company from other identical services.
According to Article 83, paragraph 1 of the Trademark Law, the trademark owner, as the owner of rights and obligations, has the right to make the following demands on the user:
“Registered trademark owners and/or trademark licensees may bring legal action against other parties for unlawful use of their trademarks in connection with goods and/or services that are similar or identical to the same category by:
claims for damages; and/or
Cease all use of the Mark."
In addition to civil litigation, parties may also resolve issues through arbitration or other dispute resolution methods.
In addition, those who violate the Trademark Law may face criminal charges. The criminal provisions of Article 100(1) and (2) of the Trademark Law are as follows:
“(1) Any person who illegally uses a trademark that is identical to another party’s registered trademark for goods and/or services that are similarly produced and/or traded shall be sentenced to imprisonment for a term not exceeding five (5) years and/or a fine of up to Rp2,000,000,000.00 (Two billion Indonesian Rupiah).
(2) Any person who unlawfully uses any trademark that is substantially similar to the registered trademark of another party in connection with similar production and/or trade of goods and/or services shall be liable to imprisonment for a maximum of four (4) years and/or a fine of a maximum of Rp2,000,000,000.00 (Two billion Indonesian Rupiah).”
Therefore, it can be said that the Indonesian Halal label, which includes a logo, name, and text, arranged in the form of colors in 2 (two) dimensions and/or 3 (three) dimensions, is an element that contributes to the cohesion of the brand.
As for BPJPH, as an institution that provides services in the form of implementing halal product guarantees in accordance with legislation, the Indonesian halal logo is one of the objects protected by trademark law.
In addition, according to the Intellectual Property Database ("PDKI") website, since January 19, 2022, the Indonesian Halal label has been protected under Class 42 in the form of product certification services. After a trademark is registered with the Directorate General of Intellectual Property ("DJKI"), the trademark owner has rights over the trademark.
Trademark registration is therefore crucial for business entities, governments, and other parties that use trademarks as identifiers or distinctions for goods and/or services held by individuals or legal organizations.
Trademark protection grants trademark owners exclusive rights under the law and protected by the government. Therefore, brand owners gain legal certainty. After all, anyone who misuses and/or commercializes the Indonesian Halal label will face legal consequences.