Summary

INDONESIA TRADEMARK 

Definition:

A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services.

Forms of Trademark:

Any logo, number, word, name, label, letter or a combination of the above may constitute a trademark .

Features :

The mark should be distinctive or Capable of differentiation from another's goods or services.

Membership:

Indonesia is a member of Paris Convention.
 

Procedure

INDONESIA TRADEMARK APPLICATION

1.Searching
This is the first step before an application is made for the registration of a trademark .Although a prior search is optional it helps in determining the existence of previous marks.

2.Application
Every applicant is required to submit an application containing  the following information.

• Power of Attorney (no legalisation)
• Statement of Mark Owner ( no legalisation)
• Thirty (30) numbers of specimen mark

Priority documents if claimed

3.Examination
On submission the Trade Marks office will examine the application for statutory compliances. Applicants will be given two months time to rectify incomplete applications else it will result in an automatic withdrawal of the application. On completion of the requirements a  filing date will be issued by the office. Substantive examination is done thirty days after the filing date for a period of  9 months  .

4.Publication
An application is published in the Official Bulletin of Marks for a period of 3 months, on passing the examination stage in a maximum period of 10 days.

5.Opposition
Concerned parties are required to send oppositions concerning the subject matter of a trademark. The common grounds of opposition pertain to prior marks and infringement. Counter statements are required to be submitted within 2 months of the receipt of the opposition letter after which a  re-examination will take place. The re-examination should be completed in two months time.

6.Registration
 On completion of  the objections and opposition a Certificate of Registration will be issued subject to the payment of a fee. The duration of registration could take a minimum period of 12 -18 months. The registration is effective from date of application.

7.Protection
A trademark once registered is valid for a term of 10 years and will be subject to protection depending on its further renewal.

Charges

Trademark Application In Malaysia

Documents Required For Filing A Trademark Application