Legal Protection for MSME Trademarks Through Trademark Registration in Indonesia: Legal Certainty and Government Facilitation

Abstract

Trademark protection is a necessity for micro, small, and medium enterprises because trademarks function as a differentiator of goods or services and can be business assets. However, trademark rights are in principle obtained through registration, while some business actors face obstacles to information, costs, and procedures. This study aims to analyze the arrangement of acquisition and protection of trademark rights and the relevance of government facilitation to the legal certainty of business actors. The research uses normative legal methods with a statutory and conceptual approach. Legal materials are collected through literature studies, then analyzed qualitatively with systematic interpretation. The results of the study show that registration provides the basis for exclusive rights, but the application must still meet substantive and procedural requirements, including good faith. Government facilitation can expand the access of business actors through mentoring, socialization, and cost information, but does not replace registration checks and decisions. The research concludes that the certainty of rights and ease of access to procedures are two related but different things. Therefore, strengthening services should focus on legal literacy and measurable assistance, without promising approval for every brand application.