What is a trademark?
Mark shall mean a sign that is displayed graphically in the form of picture, logo, name, word, letter, figure, composition of colors, in the form of 2 (two) and/or 3 (three) dimension, sound, hologram, or a combination of said elements to distinguish goods and/or services produced by a person or legal entity in the activities of trade in goods and/or services.
Trade Mark shall mean a Mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kinds.
Service Mark shall mean a Mark that is used for services traded by a person or by several persons jointly or a legal entity to distinguish the services from other services of the same kinds.
Collective Mark shall mean a Mark that is used on goods and/or services having the same characteristics that are traded jointly by several persons or legal entities to distinguish the goods and/or services from others of the same kinds.
Rights to a Mark shall mean exclusive rights granted by the State to the owner of registered mark for certain period of time by using their own mark or grant permission to another party to use it.
Geographical Indication shall mean a sign that indicates the origin place of goods and/or products because of geographical environment factors, including natural factors, human factors or a combination of both factors giving reputation, quality and particular characteristics on goods and/or products produced.
Geographical Indication Rights shall mean exclusive rights granted by the State to rights holder of a registered Geographical Indication, as long as reputation, quality and characteristic that be a basic of providing the protection to Geographical Indication is exist.
Trademark in Indonesia is regulated in the Law No. 20 of 2016 concerning Mark and Geographical Indications
The trademark application is to be submitted to the Trademark Office, Directorate General of Intellectual Property Rights, Ministry of Law and Human Rights of the Republic of Indonesia.
CLASSIFICATION OF GOODS AND SERVICES
According to the Mark Law, goods and services divided into 45 classes based on the Nice Classification.
REQUIREMENTS FOR FILING AN APPLICATION FOR THE MARK REGISTRATION
- Power of Attorney. No legalization is necessary;
- Statement on Ownership of the Mark. No legalization is necessary;
- Name, nationality and full address of the applicant
- Specimen of the mark which may be sent in JPG/GIF format;
- List of the goods or services to be covered by the application.
- The name of the state and the date of the first application for registration of the mark, where the application for registration is submitted under the priority right. An application for the mark registration under a priority right must be completed the priority document, which must be submitted at the latest within 3 (three) months after expiry date of the right to submit an application for registration of a mark by using a priority right; In case the priority convention document is prepared in another language except English, you shall also send us the English translation (informal translation is also available) thereof;
APPLICATION FOR THE MARK REGISTRATION UNDER THE PRIORITY RIGHT
An application for registration of a mark under a priority right as regulated by Paris Convention regarding the protection of marks to which the Republic of Indonesia adheres must be submitted within a period of at the latest 6 (six) months from the date of receipt of the application for registration of the mark submitted for the first time in another country, which also adheres to said convention or in country member of World Trade Organization (WTO).
Multi-class application is available in Indonesia. However, each multi-class application is limited to covering 3 classes of goods / services. Filing single class application is recommended as this may help avoid unnecessary delay in the processing of the registration if one of classes faces objection.
PROCEDURE OF APPLICATION FOR THE MARK REGISTRATION
The Procedure of Trademark application in Indonesia based on Trademark Law No. 20 of 2016
A registered mark shall have legal protection for a period of 10 (ten) years retroactive to the date of receipt of the registration of the mark concerned. Upon the request of a mark owner, the period of protection of a registered mark may be renewed for additional periods of the same duration as long as it is still being used.
If you successfully register a trade mark, you are permitted to use the ® symbol next to your mark. Another common symbol associated with trade mark is ™. This denotes that the mark is being used by the company as their trade mark but it does not mean that the mark is registered or protected under the trade mark law.
RENEWAL OF TRADEMARK REGISTRATION
According the new Trademark Law No. 20 of 2016, the renewal application has to be filed within 6 (six) months before expiry date of trademark registration. The late filing of renewal application may be filed within 6 (six) months grace period after the expiry date of registration by paying a fine/penalty.
The written Declaration of Use and the Power of Attorney have to be filed along with the renewal application and the Evidence of Use of Trademark is not required in filing of renewal application.
Process for smooth the renewal application may take 4-6 months from the filing date.
Requirements for filing the renewal application for trademark registration are as follows:
1. Scanned copy of certificate of registration (if any) or information on trademark registration number
2. Scanned copy of signed Power of Attorney and Statutory of Declaration duly signed by the proprietor of trademark registration. No need to be legalized/ notarized.
Please make sure before filing the renewal application that name and/or address of the owner of a registered mark is still remain as mentioned in the trademark certificate. If there is a change of name/address, then the owner of a registered mark have to file a recordation for change of name/address before filing the renewal application to the Trademark Office in order that the new renewal certificate has been written in the name of new name/address.