Trademark registration Indonesia – In Indonesia the legal basis is the Trademark Act No. 15 Year 2001. Trademark protection is only obtained by registration. Protection based on prior use for unregistered trademarks is not available. Indonesia follows the first-to-file system.
Trademark registration: Requirements
A trademark application or brand registration in Indonesia has to be filed before the Trademark Office by a local registered IP agent. Foreign applicants must file an application via a local registered trademark agent appointed as their proxy. A simply signed power of lawyers and the Declaration of Entitlement are required.
Trademark registration: Procedure
The application process includes a formal examination and an examination of distinctiveness and similarity with prior trademarks. It takes approximately 18-30 months from first filing to registration. After passing the examination stage, the trademark is published in the Trademark Official Journals for three months (“Tambahan Berita Negara Merek Dagang Perusahaan dan Perniagaan”). The opposition period is 3 months from publication of the trademark application. During the publication, any party may file an opposition with the Trademark Office against your trademark application.
Trademark registration: Duration
A trademark registration in Indonesia is valid for 10 years and starts with filing date. The registration is renewable for periods of 10 years.
Trademark registration: Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.
As an extra note, any third party shall be able to file a request for the deletion of the registration of a mark at the commercial court, on the following grounds: a. the mark which has not been used for 3 (three) consecutive years in trade of goods and/or services from the date of registration or of the last use, except there is an excuse which is acceptable to the Office; or b. the mark is used for the kind of goods and/or services, which is not in pursuant to the kind of goods, or services for which the mark application for registration was filed, including the use of the mark, which is not in accordance with the registered mark.
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