Indonesia Trademark Registration

TRADEMARK LAW OF INDONESIA

Indonesia goverment has established legal protection to intellectual property since 1912. The Colonial Intellectual Property Right 1912 introduced the first regulations on trademarks, patents and designs. In 1961, Indonesian government issued Law Number 21 regarding Company Marks and Trade Marks (Trademark Law 1961 or UU 21/1961, MEREK PERUSAHAAN DAN MEREK PERNIAGAAN) to replace the colonial Trademark  Law. The  newest  trademark  law, The Law of mark No 15 in 2001 was issued in 2001 to  replace  the  previous  laws on  trademarks  which  followed the first-to-file system and is currently in force.

 

 

UNREGISTERED TRADEMARK 

Since the Trademark Law follows the first-to-file system, unregistered marks are not protected by the law. However, the owner of anunregistered mark may file suit against a registered mark within five years of the date of registration. Before filing suit, the owner of an unregistered mark must first file an application for registration of its mark with the Trademark Office.

 

 

REQUIREMENTS FOR REGISTRATION

In order to meet the requirements for registration, the mark must meet the followings:

  • ​The mark is not contravene prevailing rules and regulations, morality or public order;

  • The mark has distinctive character;

  • The mark have become public property;

  • The mark has no direct reference to the character or quality of the goods or services;

  • The mark is not similar, in whole or in essential part, to a known geographical indication;

  • The mark is not constitutes or resembles the name or portrait of a famous person, or the name of another’s legal entity,         unless the relevant person has consented in writing;

  • The mark is not imitates or resembles the name or abbreviation, flag, coat of arms, symbol or emblem of a state or of a national or

    international institution, unless the competent authority has consented in writing;

  • The mark is not imitates or resembles an official sign, seal or stamp used by a state or a government institution, unless the competent authority has consented in writing;

  • The mark is not similar, in whole or in essential part, to another’s mark which has previously been registered for identical goods or services; or

  • The mark is not similar, in whole or in essential part, to another’s well-known mark.

 

 

TERM OF PROTECTION

The term of protection for a registered mark is 10 years as of the filing date.

The term can be extended for the same duration within a period of not more than 12 months before the expiry of the protection period.

 

 

PROCEDURE OF REGISTRATION

An application which has been fulfilled the formality requirements will proceed to the step of substantial examination. The substantial examination will be finished in the period of 9 months at the latest.

In this period, the Registrar will decide whether the mark is registered or not. If the mark can be registered, the mark will be published within the period of 3 months. In the period of publication, any party may file an objection against the registration of the mark.

If there is an objection, the Registrar will re-examine the mark within the period of two months as of the date of expiry of publication.

If there is no objection, the Registrar will register the mark and grant a Mark Certificate to the applicant within a period of 30 days at the latest from the date of the expiry of the publication.

If a mark is refused by the Registrar, an appeal to the Registrar's decision can be filed after the decision has been issued.

 

 

PRIORITY RIGHTS

An applicant of a trade mark registration can claim the priority rights within a period of 6 months at the latest as of the first filing date of the application in another country, which is a member of the Paris Convention for the protection of Industrial Property or a member of the World Trade Organization.

 

 

Documents Required to File an Application

  • Power of Attorney (no authorization required; find it in Request form application),

  • Statement of Mark Owner (no authorization required; find it in Request form application),

  • 30 prints of the mark In max size: 9x9 cm, and

  • Certified copy of Priority Document if the application claims priority rights).

 

Documents made out in any language other than English, translation by a sworn translator is compulsory.

 

Contact us to know more about the procedures to register your brand in Indonesia