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Trademark in Indonesia

The broad definition of a trademark is anything that clearly distinguishes a person, a company, or a legal organisation. It sets one person apart from others through designs, symbols, colours, images, text, or a combination of these. The owner’s rights are secured by trademark registration in Indonesia, and he is able to take legal action against any unlawful use of the mark there.

Overview

A trademark distinguishes a brand or goods legally. The trademark application will be approved and entered into the Indonesia trademark database by the Directorate General of Intellectual Property. As a result, since the trademark is a property of the corporation, it is protected by intellectual property (IP).

Indonesia is a "first-to-file" country, therefore in order to secure trademark rights there, the trademark must be registered. Well-known trademarks, however, may sometimes be protected even if they have not yet been registered.

Applications for trademarks must be submitted to the Ministry of Law and Human Rights' Directorate General of Intellectual Property (DGIP).

A trademark may be registered or filed without ever being used. To avoid a cancellation action for non-use or expungement by the trademarks office, it must be utilised within the three (3) years from the date of registration of the mark.

The trademark application will be published in the official journal before being reviewed by the Trademarks office. Thereafter, beginning on the date of publication, interested third parties will have two (2) months to bring an opposition action against the application.

When a combination trademark (one that combines both verbal and figurative features) is registered in Indonesia, the owner only has the exclusive right to use the mark in the same manner or configuration in which it was submitted and registered. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).

Nevertheless, you will have the right to oppose the application on the grounds of confusing resemblance if a third party subsequently wants to register or use a trademark for comparable products or services that contains a major or separate component or portion of your trademark. Depending on the specifics of each case, many conditions will affect the odds of an opposition's victory.

Please get in touch with us directly to find out whether we would be able to provide this service in this jurisdiction if you would want the figurative or design components of your trademark to be taken into account while evaluating your trademark for registration in Indonesia (Trademark Search Report). Prices for services and anticipated delivery times may change in such circumstances.

A trademark application cannot be transferred as of right in Indonesia. Only trademarks that have been legitimately registered may be the subject of trademark assignments (transfers).

In Indonesia, trademarks are valid for ten (10) years beginning on the date of application and may be renewed for an endless number of successive ten-year periods. As early as twelve (12) months before the expiry date, the renewal may be requested.

In Indonesia, there is no grace period for renewal; if the trademark is not renewed before the expiry date, a new, independent application must be submitted in order to secure the trademark's protection.

East Timor does not recognise trademark protection from an Indonesian registration.

Trademark Fees in Indonesia :-

Search prices First class $110.00 - Each additional class $90.00
Searches for a trademark’s figurative elements (logo) are not available. The search will only be for the trademark’s verbal elements.

Application prices First class $650.00 - Each additional class $650.00

Advantages of Registering Trademark in Indonesia :-

In Indonesia, where there is a significant rate of piracy, patenting the products and services with a trademark is a crucial step. If you register your trademark in Indonesia, you'll get the following benefits:
  • When the owner of a trademark is involved in legal disputes, the owner may sometimes get legal support.
  • The Business has the exclusive protection of products and services against allegations of infringement by third parties.
  • In accordance with the Trademark Act No. 15 of 2001, the individual or legal entity who submitted the trademark application initially shall be given priority in using the trademark.
  • A strong and reliable trademark increases the value of the goods or services. The business may utilise this trademark to increase consumer awareness of their brand.

Trademark Registration Process in Indonesia :-

The trademark application would be processed and approved in between 12 and 24 months. After that, the trademark will be added to WIPO Indonesia's listings. A Pre-filing Search, Request for Registration, and Final Registration/Certificate would all need payment from the applicant. Depending on the kind of products or services a corporation intends to purchase, different fees and charges apply. Nevertheless, there is no assurance that the application will be accepted by the Directorate General of IP. Additionally, the applicant will not get a reimbursement if the Directorate General of IP rejects the application. This is a step-by-step tutorial for registering a trademark in Indonesia.

As a result, since the trademark is a property of the corporation, it is protected by intellectual property (IP).

Step 1: Get a consultant on intellectual property rights. For the processing of their trademark registration application, foreign applicants must provide a Power of Attorney and Declaration of Entitlement signed by a local IP expert.

Step 2: Look up trademarks in Indonesia. By doing this, you may be confident that the trademark you want to register complies with Trademark Act No. 15 of 2001. Also, this will guarantee that the trademark does not violate moral principles or clash with public order. Be sure no one else has registered a trademark that is comparable to the one you are considering.

Step 3: Last but not least, finish the registration procedure. Complete all three stages of the trademark registration procedure completely to maximise the likelihood that your application will be accepted. A formal evaluation, a thorough assessment, and ultimately the announcement make up the procedure.

FAQ

1. How long does a trademark last in Indonesia?
The validity term of trademarks in Indonesia constitutes 10 years from the filing date. Registration may be renewed for consecutive ten-year periods an unlimited number of times. An application for renewal of a trademark must be filed within 6 months before the expiry date of a trademark.

2. How to apply for trademark in Indonesia?
Trademark applications must be filed with the Directorate General of Intellectual Property (DGIP) of the Ministry of Law and Human Rights. A trademark does not have to be in use to be filed or registered.

3. How long does it take to register a trademark in Indonesia?
The full trademark application process, including processing and approval, can take anywhere between 12 and 24 months. The Indonesia Trademark Database (WIPO) will add the trademark to its roster after this is completed.

4. What is the cheapest way to trademark?
The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

5. Can I put TM on my logo without registering?
The symbol lets consumers and competitors know you're claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven't filed an application to register your trademark. Once you register your trademark with us, use an ® with the trademark.

6. Can you register a trademark that is already in use in another country?
No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.29-Oct-2019

7. Can 2 letters be trademarked?
The answer is yes. Trademarks consisting of 1 or 2 letters are valid and it is not correct to say that that they are devoid of distinctive character or descriptive because of their “shortness”.

8. Who is the owner of a trademark?
Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.

9. How many years is the trademark last and renewed?
Trademark registration is valid for a period of ten years and can be renewed every ten years.

10. Can a trademark be sold?
Patents, trademarks, and copyrights are all forms of intellectual property and just like any other property, intellectual property can be bought, sold, inherited, or otherwise transferred. Inventors, authors, and artists may prefer to focus on creation and leave the work of licensing and monitoring to someone else.

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