Introduction

In order to catch up with international standards of protection required under the TRIPs Agreement, the Trademark Law No.15/2001 was promulgated and effective as of August 1, 2001.

Definition

Mark:

Mark shall mean a sign in the form of a picture, name, word, letters, numerals, composition of colours, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services. 

Trade Mark:

Trade Mark shall mean a Mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kind.

Service Mark:

Service Mark shall mean a Mark that is used for services traded by a person or by several persons jointly or a legal entity to distinguish the services from other services of the same kind.

Collective Mark:

Collective Mark shall mean a Mark that is used on goods and/or services having the same characteristics that are traded jointly be several persons or legal entities to distinguish the goods and/or services from others of the same kind.

Filing Date:

Filing Date shall mean the date of receipt of an Application that has fulfilled the administrative requirements.

Priority Right:

Priority Right shall mean the right of an Applicant to file an Application originating from a member country of the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization in order to get recognition that the Filing Date of the country of origin be the priority date in the country of designation that is also a member country of the two agreements, provided that the filing of the Application is made during the period prescribed in the Paris Convention for the Protection of Industrial Property.

Services

Our services in trademark matters (trademark, service mark, and collective mark) include as follows :

Filing application and obtaining registration of the marks in the Indonesian Trademark Office.

Trademark renewal.

Recording the change of name/address.

Recording the assignment of rights.

Handling cancellation actions.

Filling hearing, opposition, rebuttal, appeal.

Trademark search.

Trademark watch.

Providing opinion on trademark validity and infringement.

Enforcing trademark rights against infringement.

Defending clients against infringement charges by others, as well as representing clients in disputes resolution through either legal proceedings or negotiations.

 

Trademark Search

 This service is provided to inform client (s) of any similar mark (s) with the one that they are going to be applied. The searching process will be delivered within 4-5 days working days. The search report will include the details of the cited mark found, i.e.:

– Applicant name & address

– Class

– Representation of mark

– Recent status

– Applicant / registration Nos. and date

– List of goods / services

– Validity

Trademark Registration

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.

 

Requirements

 

REQUIREMENT FOR TRADEMARK REGISTRATION IN INDONESIA

Power of Attorney and Declaration simply signed by the applicant and no legalization required.

Declaration of Ownership simply signed by the applicant and no legalization required

Name and address of applicant

Nationality of applicant

Class

List of goods or services to be filed

30 prints of mark with minimum size 2 x 2 cm and maximum 9 x 9 cm

Date and country of origin of first application as well as certified copy of the priority application (if convention priority is claimed) and its English translation

 

REQUIREMENTS FOR TRADEMARK RENEWAL

* Power of Attorney, simply signed by the applicant and no legalization required.

* Declaration of Ownership simply signed by the applicant and no legalization required

* Copy of previous trademark registration.

* 30 prints of the mark in max size: 9×9 cm

 REQUIREMENTS FOR RECORDAL OF CHANGE OF NAME

* Power of Attorney, simply signed by the applicant and no legalization required.

* Original or certified true copy of the document of change of name.

* (If the document of Change of Name is made out in any language other than English,

* translation by a sworn translator is compulsory)

 REQUIREMENTS FOR RECORDAL OF CHANGE OF ADDRESS

* Power of Attorney, simply signed by the applicant and no legalization required.

* Original or certified true copy of the document of change of address.

* (If the document of Change of Address is made out in any language other than English,

* translation by a sworn translator is compulsory)

 REQUIREMENTS FOR RECORDAL OF ASSIGNMENT

* Power of Attorney, simply signed by the applicant and no legalization required.

* Deed of Assignment, notarized and attested by the Indonesian Embassy/Consulate.

* (Deed made out in any language other than the English has to be translated by a sworn translator).

REQUIREMENTS FOR REPRESENTING AN OPPOSITION AND / OR REBUTTAL ACTION :

1. The simply executed Power of Attorney

2. Copy of trademark certificate of registration in the name of client as the basis of opposition argument.

It is preferable if client could also provide us with the supporting materials such as Photographs, brochures or pamphlets to prove the use of client’s mark (if any).

REQUIREMENTS FOR FILLING A CANCELLATION ACTION :

Duly signed Power of Attorney, shall be legalized up to the Indonesian consulate. Copies of certificates of registrations of the trademark in other countries.

Invoices and bills of lading to other countries including in Indonesia (the earliest and the latest one).

Brochures and catalogs (if any).

Advertisements (if any).

The protection of the famous trademark could be applied to the all kind of classes of goods or services. But the protection of non-famous trademark only could be applied to the same kind of goods or services.

Procedures

Trademark Procedure Registration

The Procedure of Trademark application in Indonesia based on Trademark Law No. 15 of 2001

An application will enter into substantive examination within 30 (thirty) days of its filing date – at the latest.  This examination stage lasts for 9 (nine) months.

An allowed application will be published in the Official Trademark Journal whereas a rejected one will be officially informed to the Applicant/its proxy.

The owner of a rejected application (or its proxy) may file an Argument to contest the Trademark Office’s decision within 30 (thirty) days computed from the date of receipt of the Official Notice of Rejection.

If accepted, the application will, then, be published in the Official Trademark Journal.  In case of rejection, the Trademark Office will notify the Applicant (or its proxy) in writing.

The publication stage lasts for 3 (three) months.  During this stage, any parties may file an Opposition in writing to the Trademark Office and no time extension allowed.

The Applicant or its proxy may file a Response (Counter Statement) against the Opposition within 2 (two) months computed from the date of receipt of the Notice of Opposition from the Trademark Office.

In case of Response/Counter Statement, an application will, then, be re-examined.  This re-examination lasts for 2 (two) months at the latest.

 If no Objection filed, a mark will be registered within 30 (thirty) days after its publication stage is over.

 In case of the rejection of the argument, the applicant shall be given an opportunity to file an appeal with a Trademark Appeal Commission at the latest 3 (three) months computed from the date of the Official Notification of the Rejection.