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Trademark | Indonesia



Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
The Law of the Republic of Indonesia Number 15 of 2001 regarding Trademark.

2. 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.

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

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

A Trademark shall not be registered if it contains one of the following elements:

  • being against the prevailing law, morality, religion, decency and public orders;
  • having no distinguishing power;
  • having been public property; or
  • constituting the explanation of or being related to the goods or services for which registration is applied.
  • geographical name or surname; or
  • any other distinctive mark.

  • 4. Membership:
    √ – Paris Convention
    X – Madrid Protocol

    Indonesia is a member of the Paris Convention from 1950, whereby applications from convention countries will be subject to the same priority date in Indonesia. The application for priority has to be made within six months of the first application in a convention country.

    5. Rule of Priority:
    “First to File? is the rule followed by Indonesia in determining priority of trademarks..

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

1. Application
Every applicant is required to submit an application with the Indonesia Intellectual Property office

2. 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.

3. 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

4. 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.

5. 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.

The following information and/or documents are required to file an application for a trademark application in Indonesia:-

1. Application form.

2. A list of goods or services ( which closely follow the Nice International Classification).

3. Twenty (20) clear copy of the mark.

4. The full name, nationality and registered address of the applicant.

5. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.

6. For marks that contain non-English words, a certified transliteration and translation.

Search per mark per class - 150
Filing application for one class excluding registration fee 75 (max 3 items) 10 for additional items 423
Reporting the issuance of the Notice of Acceptance of the application for publication, preparing and arranging for advertisement of an accepted application in the government gazette, checking and forwarding the Certificate of Registration 15 267
Recordal of change of name and/or address 30 150
Recordal of Assignment, per mark 50 220
Filing Renewal Registration 210 300

Basic Requirements

Documents Remarks Time of Filing
Power of Attorney Simply signed On filing date
Statement of Mark Owner Simply signed On filing date
Image/ representation of the mark Together with indication of whether the mark is in color or black and white, Specimen of mark sized 9 x 9cm On filing date

Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Priority documents The certified copy of priority documents in other language must be provided in English translation 7 months after priority date

Documents for Filing a Request of Recordals of Assignments and Changes
Documents Remarks Time of Filing
Notarized true copy of Deed of assignment documents Attested by the Indonesian Embassy/Counsel Anytime after registration
Power of Attorney Simply signed Anytime after registration
Statement of Use of Mark Simply signed Anytime after registration

Documents for Filing an Opposition or Counter-Opposition

(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)

Documents Remarks Time of Filing
Power of Attorney simply signed On filing date
Copy of registration in various countries On filing date
Other supporting documents such as brochures, advertising materials, company’s website, etc. On filing date

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