Global Trademark GO - Indonesia——Introduction to Indonesian Trademark Application

In 1994, the World Trade Organization imposed sanctions on Indonesia in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIP Agreement). To this end, Indonesia took active measures to formulate and promulgate relevant intellectual property laws to create opportunities for intellectual property rights. It provides a safer framework and a healthier environment for the development of intellectual property rights. On January 2, 2018, Indonesia officially became a member state of the Madrid Agreement on International Trademark Registration.

The Indonesian Trademark Law 2001 stipulates that the elements of a trademark can include: “words, letters, numbers, graphics or photographs, emblems, colors or combinations of colors, the shape of containers or outer packaging of goods (but not only to obtain a certain function) (shape), as well as combinations of the above elements, etc. "Symbols that have unique characteristics and are used in goods or service trade activities can just obtain trademark protection in Indonesia. Indonesian trademark types are divided into commodity trademarks, service trademarks, collective trademarks, three-dimensional trademarks, smell trademarks, sound trademarks, etc. Individuals, partnerships or companies can apply for registration.

1. Trademark authority

Indonesian Intellectual Property Office:

• English: Directorate General of Intellectual Property (DGIP)
• Website: Beranda (dgip.go.id)
• Trademark search: E-Hakcipta - login V.3.0 (dgip.go.id)

2. How to apply for trademark registration

• paper submission
• Electronic submission (officially open for use on August 17, 2019, must be a standard product in the Nice Classification)

3. Trademark registration application language

• Indonesian

4. Documents required for trademark registration application

• Registered trademark application form
• Applicant information
• Trademark pattern
• Specify the category of trademark registration application and the name of the specified goods or services
• The original signed power of attorney can be submitted within three months from the application date, but a surcharge is required and no notarization is required.
• The original copy of the priority document and its Indonesian translation should be submitted to the Indonesian Intellectual Property Office within 3 months from the filing date.
• For non-traditional trademarks such as holograms and sound trademarks, a description of the trademark must be submitted when applying. For three-dimensional trademarks, front view, side view, top view and bottom view must be submitted.

5. Indonesia trademark registration application process

• After the Indonesian trademark registration application is accepted, the examiner will conduct a formal review of the application and arrange an announcement after passing the review. There is an opposition period of 2 months from the date of announcement. Any interested party can file an objection to the announced trademark during the announcement period. If there is no objection during the announcement period or the objection is not established, the trademark will enter substantive examination. If the company passes the substantive examination, it will be approved for registration and a registration certificate will be issued. If the substantive examination fails, a Notice of Preliminary Refusal will be issued, and the applicant must submit a rejection reply to the Indonesian Intellectual Property Office within one month of receiving the notice. If the rejection reply is not accepted, the Indonesian Intellectual Property Office will issue a Notice of Final Rejection, and the applicant can submit an appeal to the Trademark Appeal Board within 3 months from the date of receipt of the final rejection notice. If no reason for rejection is found after substantive examination of the trademark registration application, the examiner will announce the trademark in the trademark announcement journal or special media issued by the General Administration of Trademarks within 10 days after the approval date. The announcement period is 3 months and the announcement will be made. The date is recorded in the Trademark Register of the General Office. The matters recorded in the announcement include the applicant’s name, address, trademark, name of designated goods or services, application date, priority date and other information.
• Indonesian Trademark Law clearly stipulates that the formal examination of a trademark must be completed within 15 days, and the substantive examination must be completed within 150 days.

6. Documents required for trademark change/transfer

• transfer application
• Power of attorney signed by the transferee, including the name, address, and authorization matters of the new applicant
• The name change requires supporting documents and English translation, and must be notarized (failure to register the trademark transfer agreement in time will not affect the actual use of the trademark)

7. Trademark cancellation

• If a registered trademark has not been used in the transaction of goods or services for three consecutive years, an interested third party may file a lawsuit with the Commercial Court to request the cancellation of the registered trademark.
• When providing evidence of use in the face of trademark revocation, all kinds of evidence that can prove the use of the trademark are acceptable, such as invoices, price lists, product photos, news or media advertisements, contracts, etc. The evidence should be able to reflect the time, place and date of use of the trademark. commodity. Evidence does not need to be notarized or certified. However, when entering court proceedings, copies of evidence must be notarized and certified.

8. Trademark objections

• The opposition period for Indonesian trademark applications is 2 months after the trademark is announced. Any interested party can file an objection to the announced trademark during the announcement period.

9. Authorization, validity period and trademark renewal

• Indonesia does not charge licensing fees. The validity period of an Indonesian trademark is 10 years from the date of application. Registered trademarks can be renewed for 10 years each time, with no limit on the number of times.

10. Average time for trademark authorization

• If the trademark review process goes smoothly, the average authorization time will be 9-24 months from submitting the application to being successfully approved for registration.