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Trademark
in Indonesia is regulated in the
Law No.1 5 of 2001 concerning the Revision of the
Law No. 14 of 1997 on the Mark. The application of mark
registration is to be submitted to the Trademark Office,
Directorate General of Intellectual Property Rights,
Department of Law and Human Rights of Republic of Indonesia.
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1. CLASSIFICATION
OF GOODS AND SERVICES
According to the Mark Law,
goods and services divided into 45 classes
2. REQUIREMENTS
FOR FILING A MARK APPLICATION
a. Power
of Attorney duly signed by the applicant or the authorized
officer of the company. No legalization is necessary;
b. Statement on Ownership of
the Mark, duly signed by the applicant or the authorized
officer of company;
c. Name, nationality and full address of the applicant
d. Specimen of the mark in JPG or GIF format;
e. Specification of goods or services to be covered by the
application.
f. 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.
g. An application for the mark registration under a priority
right must 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)
3. APPLICATION
FOR THE MARK REGISTRATION UNDER THE PRIORITYRIGHT
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).
4. PROCEDURE
OF APPLICATION FOR THE MARK REGISTRATION
The procedures for a mark registration
according to the Mark Law are as follows :
- Filing the application for the registration;
- Formal examination for determining the filing date;
- Within a period of at the latest 30 (thirty) days after
the date of receipt of an application for registration of
a mark, the Mark Office shall conduct the
substantive examination to determine registrability and availability,
shall be completed within a period of at
the latest 9 (nine) months
- In case of the examiner reporting the substantive examination
that the application can be approved to be registered,
upon approval from Director General, the application will
be published in the Official Gazette.
- Otherwise, if the examiner reporting the substantive examination
that the application can not be registered or rejected
upon approval from Director General, this matter will be informed
to the applicant or its proxy with mentioning
its reason. Within 30 (thirty) days calculated as of the date
of rejection letter, the applicant or its proxy
can file the objection or rebuttals with mentioning its reason.
- Within 10 (ten) days calculated as of the date of approval,
the Mark Office will publish the application will be published
in the Official Gazette.
- The announcement shall last for 3 (three) months and shall
be made by placement in the Official Gazette, which is
published periodically by the Mark Office.
During the period of announcement,
any person or legal entity may submit objections to an application
for registration of the mark concerned, in writing to the
Mark Office.
Objections as the above may
be submitted where there is sufficient reason accompanied
by evidence that the mark which registration is requested
is a mark which on the basis of the Mark Law is unregistrable
or must be rejected. The Mark Office shall use the objections
and rebuttals as additional material in the re-examination
of the application for registration of the mark concerned.
- Where the Mark Examiner concludes
that an application for registration of a mark can be approved,
the Mark Office shall :
a. assigning the number of registration;
b. register the mark in the General Register
of Marks;
c. issue a Mark Certificate which signed
by the Director of Mark; and
d. announce said registration in the Official
Report of Marks.
- A Mark Certificate shall
be granted to the person or legal entity which submitted an
application for registration of a mark within
period at the latest 30 (thirty) days as from the date on
which said mark is registered in the General
Register of Marks.
5. DURATION
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.
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TRADEMARK
