Useful information when protecting trademark rights in the Indonesia is presented below. It is our hope that our clients will find this page helpful in protecting their intellectual property overseas.
< Average examination time > (As of March 2018)
Through a law revision of 2016 it has been ruled that the substantive examination has to be concluded within 150 working days after the publication of the application.
(In the past, the examination period from application to registration was about 3 to 3.5 years.)
2. Trademark rights in Indonesia
About 50,000 applications for marks are filed every year, and seventy percent of these come from within Indonesia. Among foreign applications, the greatest number comes from the United States.
In Indonesia, many times people who do not own marks apply for the rights to them before the legitimate owners do. Apparently, many times former employees and former agents file these applications without permission from the companies that properly own the rights to them.
If someone else has applied for a mark right before one’s own application of it, it is possible to file opposition.
-- Points requiring caution during application --
- 1. The language of procedures is Indonesian.
- 2. The required documents are the
(1) application form;
(2) declaration of ownership of the mark;
(3) power of attorney document;
(4) sample of the printed mark;
(5) priority certificate(s) (if a priority right is claimed)
- 3. A one application multi-classification system is adopted.
- 4. Nice Agreement: member state (adopts the International classifications)
※ Madrid Protocol: member state (published on January 2, 2018)
-- Subject of registration --
- - marks used for goods and services
※three-dimensional marks, sound marks and holographic marks were added through a law revision.
※system for collective marks: yes
- - geographical indications
- - indications of sources
（system for defensive marks: no)
--Main reasons for refusal--
- - marks which lack distinctiveness
- - prior marks that designate identical or similar goods and services, as well as marks that are identical or similar
- - false or deceptive marks
-- Examination flowchart --
-- After registration --
- - term of trademark right: 10 years from the application date
- - renewal term: 6 months before expiration until the expiration date (6-month grace period after expiration)
※a statement of use is necessary for renewals
- - Infringement: offense subject to complaint
-- Challenging Others' Rights --
- Filing of opposition to grant of a mark, removal of a mark due to disuse (arbitrated by the marks section), and revocation suits are possible means of ending a mark’s protection.