Whether you are an Indonesian local or a foreigner who wants to implement your inventions or brands in Indonesia, it is essential to register your trademark as soon as possible! Below we’ve compiled all the important things you need to know regarding trademark registration in Indonesia.
To further understand why registering is so important. Read 5 Reasons Why Registering Your Trademark Is a Must!
What is Eligible for Trademark Registration?
As stipulated in Article 1 of Law No. 20 Year 2016 on Trademarks and Geographical Indications, the following are eligible for trademark registration:
- Words or phrases
- Logos
- Color marks
- Graphics
- Holograms
- Sound marks
- Combination of them
Why Your Trademark Application is Refused
As stipulated in the Indonesian Trademark Law, a trademark application is refused if the Mark is substantively similar to or identical with:
- a prior registered Mark of other parties or prior Mark application in respect of similar goods and/or services
- a well-known Mark of other parties for similar goods and/or services
- a well-known Mark of other parties for different goods and/or services complying with certain requirements
- a registered Geographical Indication.
Trademark Registration Process in Indonesia
There are steps to register a trademark in Indonesia. You can get assistance from a professional IP law firm to do this process:
- Application Submission
- According to requirements as stipulated in Article 4 of Trademark Law
- Formal Examination
- Publication
- The Minister publishes the Applications in the Mark Gazette not later than 15 (fifteen) Days as from the Filing Date
- Within a period of publication, any party may file an opposition
- Substantive Examination
- Certification
Required Documents for Trademark Registration Indonesia
To conduct a proper trademark application in Indonesia, these documents must be prepared:
- Trademark application form, comprising pertinent details regarding the applicant of the trademark and their contact information;
- A rendition that accurately represents the trademark;
- A detailed exposition of the products or services that will be endorsed with the trademark;
- Evidence that the trademark registration fee has been paid;
- A power of attorney in the event that a trademark is being filed by an agent or attorney;
- If relevant, a copy of the priority application.
Trademark Opposition Process in Indonesia
As stipulated in Article 16 of Trademark Law, Interest parties may submit their opposition to the registration of a trademark application once it has been confirmed and published in the Official Gazette. Below are the steps:
- Submit a written objection with evidence to the DGIP;
- Within fourteen days, the office will provide the applicant with a copy of the objection;
- Two months are allotted for the applicant to provide a response to the objection;
- The DGIP will determine whether to maintain or revoke the trademark registration in light of the evidence and data submitted;
- A party may submit an appeal with the Ministry of Law and Human Rights within thirty days of the decision rendered by the Indonesia Patent and Trademark Office if they are dissatisfied with the ruling.
Thus concludes the important information you need to know before conducting a trademark application. However, to ensure the best quality for your trademark application, it’s best to rely on the trust intellectual property law firm that offers trademark service. Am Badar & Am Badar Law Firm is ready to meet your needs. Contact us and get more insights about trademarks!
Read more about trademark rejection in this article: 5 Reasons Your Trademark Registration Was Rejected.
References
- https://emerhub.com/indonesia/how-to-register-a-trademark-in-indonesia/
- https://ipnote.pro/en/blog/trademark-registration-in-indonesia-a-quick-guide/#2
- https://www.linkedin.com/pulse/how-register-trademark-indonesia-amrpartnership
- https://www.cekindo.com/services/trademark-registration-indonesia
Reviewed by Nabil Argya Yusuf
