INDONESIA

• Kinds of Trademarks registrable in INDONESIA

  • Following indications may be used as Trademarks in Indonesia:

    • Word marks
    • Names
    • Numbers
    • Signatures
    • Letters
    • Symbols
    • Pictures
    • Inscriptions
    • Images
    • Figures
    • Arrangements of colours
    • Combination of all of the above

    Types of Marks registrable:

    • Collective marks
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in INDONESIA

  • Trademarks must contain the following essential requirements to be registrable in Indonesia:

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in INDONESIA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Indonesia:

    • Signs or Trademarks that are applied for in bad faith.
    • Trademarks contravening the prevailing rules, regulations, morality of religion, public order.
    • Trademarks having no distinguishing features.
    • Signs that have become public property
    • Trademarks forming part of the information relating to the goods/services for which registration is requested.
    • The proposed Trademarks being similar in its essential parts or in its entirety to a prior registered, pending mark for same kind of goods / services.
    • The proposed Trademarks being similar in its essential parts or in its entirety to a known geographical indication
    • Trademarks or signs that constitute or resemble names of famous persons, photographs, or the name of legal entities belonging to another party except with written consent from the concerned party.
    • Trademarks or signs that imitate, resemble names, abbreviations, symbols, emblems, seals, stamps, signs of national and international institutions or organisations.

    TrademarkCopia through its associate Law Firms and Lawyers in Indonesia is at hand to help you with trademark registration and prosecution.

• Trademark Search in INDONESIA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    • Conflict with existing trademarks.
    • Confirm validity of the proposed trademark.
    • Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    • Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    • Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Indonesian Trademark Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Indonesia.

• Trademark Filing in INDONESIA

  • Filing is done with the Trademark office of Indonesia.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Priority details if any.
    7. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       Indonesia is not member of NICE Classification but follow Nice Classification.

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in INDONESIA

  • Formalities Examination:

    • Upon receipt of the application, the Directorate General shall conduct an examination to check the completeness of the requirements for registration as per law.
    • Upon examination, if any deficiencies relating to the requisites of the application, the Directorate General shall direct that such deficiencies be remedied within a stipulated period of time.
    • In the event the requisites are not fulfilled within the stipulated time, the Directorate General shall notify the applicant and / or his proxy that the application is deemed withdrawn.
    • Wherein all the requisites are fulfilled, the application shall be given a filing date which is recorded by the Directorate General.
    • It is to be noted that amendments in an application are limited only to changes in name and / or address of the applicant or his proxy.

    Substantive Examination:

    • Substantive Examination of the application is conducted by the Examiner who approves the application for registration.
    • The Director General then publishes the application in the official Trademarks Gazette.
    • In the event the examiner decides that the application cannot be registered, the applicant is notified of the same and within 30 days from the date of receipt of the notification, the applicant or his proxy may object or comment on the same.
    • Further, in the event the objection or comment cannot be accepted, the Directorate General shall decide on the refusal of the application for registration.
    • In the event the objection or comment can be accepted, the Directorate General shall publish the application in the official Gazette of marks.
    • If the applicant does not object or comment to the examination within 30 days the Director General shall decide on the refusal of the application.
• Trademark Publication & Opposition in INDONESIA

  • Once the application is published in the gazette, any interested person may file an opposition / objection to the same, which shall then be decided by the Directorate General within a stipulated time.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Indonesia can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in INDONESIA

  • Where there is no objection or opposition to the applicant, the Directorate General shall issue and grant a trademark registration certificate to the applicant and the same is recorded in the general register of marks.

    Trademark registration in Indonesia is valid for 10 years from the date of application after which it can be frequently renewed for another 10 years unlimited times. .

    Rights of Trademark Owners: Trademarks may be:

    1. Passed on as inheritance
    2. Willed – Endowed as grands
    3. Incorporated into agreements
    4. Transferred
• Trademark Usage in INDONESIA

  • Pre – Registration: There is no advantage in using the mark before registration as the usage is not recognized.

    Post – Registration: The registered trademark not used continuously within 3 yrs. from the date of registration may become liable for cancellation owing to non use. Hence it is essential to use the mark post registration.

• Trademark Cost of Registration in INDONESIA

  • Please write mail for cost of registration of trademark in Indonesia  to the mail address given below:

    contact@trademarkcopia.com