| Trademark in Indonesia is regulated in the
Law No.1 5 of 2001 concerning the Revision of the Law No. 14
of 1997 on the Mark. The application of mark registration is to
be submitted to the Trademark Office, Directorate General of Intellectual
Property Rights, Department of Law and Human Rights of Republic
of Indonesia.
1. CLASSIFICATION OF GOODS AND SERVICES
According to the Mark Law, goods and services divided into 45 classes
2. REQUIREMENTS FOR FILING A MARK APPLICATION
a. Power of Attorney duly signed by the applicant
or the authorized officer of the company. No legalization is necessary;
b. Statement on Ownership of the Mark, duly signed
by the applicant or the authorized officer of company;
c. Name, nationality and full address of the applicant
d. Specimen of the mark;
e. List of the goods or services to be covered by the application.
Description of the function will be needed if the name of good is
highly technical.
f. The name of the state and the date of the first application for
registration of the mark, where the application for registration
is submitted under the priority right.
g. An application for the mark registration under a priority right
must completed the priority document, which must be submitted at
the latest within 3 (three) months after expiry date of the right
to submit an application for registration of a mark by using a priority
right; In case the priority convention document is prepared in another
language except English, you shall also send us the English translation
(informal translation is also available)
3. APPLICATION FOR THE MARK REGISTRATION UNDER THE PRIORITYRIGHT
An application for registration of a mark under
a priority right as regulated by Paris Convention regarding the
protection of marks to which the Republic of Indonesia adheres must
be submitted within a period of at the latest 6 (six) months from
the date of receipt of the application for registration of the mark
submitted for the first time in another country, which also adheres
to said convention or in country member of World Trade Organization
(WTO).
4. PROCEDURE OF APPLICATION FOR THE MARK REGISTRATION
The procedures for a mark registration according to the Mark Law
are as follows :
- Filing the application for the registration;
- Formal examination for determining the filing date;
- Within a period of at the latest 30 (thirty) days after the date
of receipt of an application for registration of a mark,
the Mark Office shall conduct the substantive examination to determine
registrability and availability, shall be completed within a period
of at the latest 9 (nine) months
- In case of the examiner reporting the substantive examination
that the application can be approved to be registered, upon approval
from Director General, the application will be published in the
Official Gazette.
- Otherwise, if the examiner reporting the substantive examination
that the application can not be registered or rejected upon approval
from Director General, this matter will be informed to the applicant
or its proxy with mentioning its reason. Within 30 (thirty) days
calculated as of the date of rejection letter, the applicant or
its proxy can file the objection or rebuttals with mentioning its
reason.
- Within 10 (ten) days calculated as of the date of approval, the
Mark Office will publish the application will be published in the
Official Gazette.
- The announcement shall last for 3 (three) months and shall be
made by placement in the Official Gazette, which is published periodically
by the Mark Office.
During the period of announcement, any person or
legal entity may submit objections to an application for registration
of the mark concerned, in writing to the Mark Office.
Objections as the above may be submitted where
there is sufficient reason accompanied by evidence that the mark
which registration is requested is a mark which on the basis of
the Mark Law is unregistrable or must be rejected. The Mark Office
shall use the objections and rebuttals as additional material in
the re-examination of the application for registration of the mark
concerned.
- Where the Mark Examiner concludes that an application
for registration of a mark can be approved, the Mark Office shall
:
a. assigning the number of registration;
b. register the mark in the General Register of Marks;
c. issue a Mark Certificate which signed by the Director of Mark;
and
d. announce said registration in the Official Report of Marks.
- A Mark Certificate shall be granted to the person
or legal entity which submitted an application for registration
of a mark within period at the latest 30 (thirty) days as from the
date on which said mark is registered in the General Register of
Marks.
5. DURATION
A registered mark shall have legal protection for
a period of 10 (ten) years retroactive to the date of receipt of
the registration of the mark concerned. Upon the request of a mark
owner, the period of protection of a registered mark may be renewed
for additional periods of the same duration as long as it is still
being used.
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