Analysis of Trademark Legal Protection for Local Products of Micro, Small, and Medium Enterprises (MSME) in Jayapura City

Abstract

Trademark protection is important for business sustainability because a trademark functions as an identifier, a distinguishing sign, and a commercial asset. This study analyzes Indonesia's trademark protection framework, its implementation among local-product MSMEs in Jayapura City, and the barriers that prevent business actors from obtaining protection. A socio-legal method was employed. Primary data were collected from 17 MSME actors through questionnaires and interviews, while secondary data were derived from legislation, official intellectual-property sources, and scholarly literature. Closed responses were analyzed using frequencies and percentages and open responses were coded thematically. The findings show that 88.2% of respondents use a business name, logo, label, or mark; 94.1% consider trademarks very important; and 82.4% know that trademarks can be registered. Nevertheless, only 23.5% stated that their marks had ever been filed for registration, while 76.5% had never filed. In addition, 76.5% had encountered or knew of similar or identical marks, and 88.2% had not received government outreach or assistance. The findings reveal a gap between legal awareness and legal action. Key barriers include limited information, insufficient procedural knowledge, perceived complexity, costs, and inadequate assistance. An integrated assistance model comprising education, preliminary trademark searches, administrative assistance, filing facilitation, and monitoring is proposed.