Trademark Registration In Indonesia

The applicant should be ready with the subsequent documents:

• Application form, with the stipulated form fee, The form must include.

• Credentials of the applicants including Complete name along with proxy’s address, when the application is made by proxy.
• Description of the mark (if the requested trademark contains a colour element or a combination of such colours).
• nation and date of first acceptance of the application, where priority rights are claimed by the applicant.
• Specifications of the applicable classes and/or services under the WIPO Nice Agreement Concerning the International Classification of Goods and Services, List of products or services as per the NICE classification.
• Three-dimensional markings' characteristics (if applicable). In the case of a sound mark, both recording and musical notation.
• Clear copies of the mark.
• Marks having non-English words should be accompanied by a licensed translation of the same.
• Power of attorney.
• Statement of mark ownership.

It should be noted that since 2019, e-filing is that the only acceptable method of filing in Indonesia.

The Application is published in the mark gazette within 15 from the filing date. The Publication lasts for 2 months and the Same is published periodically by the concerned ministry in electronic or non-electronic media. Now, the opposition phase will come before the actual examination. As a result, when the trademark application has been submitted, they will start the two-month opposition period with publishing. Third parties can object on the grounds that the trademark cannot be registered or that its application must be denied. During the two-month publication period, an objection to a trademark application may be submitted.

If there is opposition, the examination must be finished within 90 working days (about 4-5 months), according to the present legislation. The substantive examination must be finished in 30 working days if there is no objection (around 1.5 months).

Trademarks that:

• Contravene state policy, applicable laws and regulations, public order, decency, morality, and religion, are ineligible for registration.
• esemble, are connected to, or specifically designate the category of products and/or services to which they apply.
• contain information that is false about the products' origins, quality, nature, size, categorization, or intended use.
• A mark concerning a protected plant variety.
• A mark that lacks distinguishing features.
• Functional and generic marks can’t be registered.
• A trademark application must also be denied if the intended trademark is the same as or nearly the same as a prior trademark application or registration made by a third party in connection with identical products or services.
• a well-known trademark for the same products and/or services belonging to a third party.
• a well-known trademark that is used in connection with various goods and/or services and is held by a third party but does not meet specific criteria
• a geographical indicator that is registered.
• a renowned person's name, image, or name of a company controlled by a third party, unless that person has given their written authorization beforehand.
• The name or abbreviation of a state's or an organization's name, flag, emblem, or symbol

The protection period after the registration of a mark is (10) years, for seeking protection for a term beyond 10 years, renewing the registration 6 months before the date on which the concerned mark loses its validity is preferable.

Renewal can be done 6 months before and 6 months post the expiry date.

Renewal Requisites: Power of attorney.

A declaration of ownership for the targeted mark.

Statement confirming continued use of the mentioned mark.

In Indonesia, using a mark that is identical to a registered trademark can result in civil liability and criminal penalties, including:

• Imprisonment of up to five years and/or a fine (currently up to IDR 2 billion);
• If the unlicensed use is not identical but can be proven to be similar, imprisonment of up to four years and/or a fine (currently up to IDR 2 billion).

The owner of the trademark may potentially bring a legal case to recover damages.