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How to Register Trademark in Indonesia
A mark is a sign that can be displayed graphically, including an image, logo, name, word, letter, number, color arrangement, in two-dimensional and/or three-dimensional form, sound, hologram, or a combination of two or more of these elements to differentiate goods and / or services produced by persons or legal entities in trading activities of goods and / or services.
The mark functions as: an identification mark to distinguish the products produced from the production of others; Promotional tool, so that it is sufficient to promote the product by mentioning the Brand; Guarantee on the quality of the goods; as well as an indication of the origin of the goods/services produced.
Trademark Registration in Indonesia
Function to:
- Evidence for owners who are entitled to registered Marks;
- Basis for rejection of a Mark which is the same in whole or in principle as the application for registration by another person for similar goods/services;
- Basis to prevent other people from using the Mark which is the same in whole or basically the same in distribution for similar goods/services.
A registered mark gets legal protection for a period of 10 years from the date of receipt of the application for registration of the relevant Mark and the period of this protection can be extended.
Unregistered Trademark
- contrary to state ideology, laws and regulations, morality, religion, decency, or public order;
- the same as, related to, or only mentions the goods and/or services being applied for registration;
- contains elements that can mislead the public about the origin, quality, type, size, type, purpose of using the goods and/or services being applied for registration or are names of protected plant varieties for similar goods and/or services;
- contains information that is inconsistent with the quality, benefits, or efficacy of the goods and/or services produced;
- has no discrimination; and/or
- is a public name and/or symbol of public property.
How to register a trademark in Indonesia? Below are the procedures to register a trademark
- If the applicant does not reside within the territory of the Republic of Indonesia, then for the application for registration of a work, he must have a place of residence and appoint a power of attorney within the territory of the Republic of Indonesia, which can be from an Indonesian IP law firm.
- Applying to the Directorate General of IP by completing the required requirements, applicants from abroad can go through an Indonesian IP law firm.
- After the application is submitted, the Directorate General of IP examines the completeness of the trademark requirements. If there are incomplete requirements, the applicant is asked to complete them immediately within a maximum of two months from the date of sending the notification.
- Within a maximum period of 30 days from the date of receipt of the completeness of the requirements, a substantive examination is carried out within a maximum period of nine months.
- Within 30 days from receipt of the notice of substantive examination, the applicant/proxy may submit a response by stating the reasons. If the Applicant/proxy does not submit an objection/response, the Directorate General of Intellectual Property Rights shall decide to reject the application.
- Suppose the Applicant/proxy submits an objection/response, and the examiner reports that the response is acceptable. In that case, the request will be announced in the official brand news within ten days after the application is approved. If the examiner reports otherwise, the application is declared rejected.
- For applications received, the Directorate General of IP issues a Mark Certificate to the applicant/proxy by 30 days from the expiration date of the announcement period.
- An appeal can be submitted to the Appeal Commission if the application for registration of a mark is rejected by the Directorate General of Intellectual Property Rights based on substantive reasons.
Trademark Registration Requirements
Application for registration in duplicate typed in Indonesian using the application form provided, which contains:
- date, month and year of application;
- full name, nationality and address of the applicant;
- full name and address of the attorney, if the applicant is filed through a proxy;
- colors if the Mark being applied for registration uses color elements;
- the name of the country and the date of the first request for Mark registration in the event that the application is filed with priority rights.
The application letter for trademark registration in Indonesia is accompanied by:
- photocopy of KTP, whereas for applicants who come from abroad in accordance with the provisions of the law must choose a domicile in Indonesia, usually chosen at the address of their attorney;
- photocopy of the deed of establishment of the legal entity which has been ratified by a notary if the application is filed on behalf of the legal entity;
- photocopy of joint ownership regulations if the application is filed on behalf of more than one person (collective mark);
- special power of attorney if the application for registration is authorized;
- receipt of application fee payment;
- 10 pieces of Brand labels (maximum size 9×9 cm, minimum 2×2 cm);
- statement letter that the Mark for which registration is requested belongs to him.
Source :
-DGIP
-Indonesia.go.id
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