Indonesia is a country located in Southeast Asia, and is considered as the largest island country in the world, with more than thirteen thousand islands. In recent years, Indonesia and Vietnam have been strengthening the friendship and multifaceted cooperation in many fields, especially in economic field. Due to this cooperation, the number of Vietnamese enterprises established in Indonesia has been increasing rapidly. Along with that, it becomes increasingly important for enterprises to protect and maintain their trademark in the market, because a company’s failure to effectively protect its trademark or to restrict infringement of its trademark can lead to the loss of market share, revenue, reputation, opportunity and competitive advantage. Hereinafter, A&S LAW shall consult you about the law of trademark in Indonesia as follow.
Conducting a trademark search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class.
Conducting a private pre – filling search is not mandatory but it’s important. It can save the applicant the time, effort and cost entailed in developing, adopting and applying to register a trademark in which someone else has prior.
2, Documents required for filling:
The following information and/or documents are required to file an application for a trademark application in Indonesia:
- Application form.
- A list of goods or services ( which closely follow the Nice International Classification).
- Twenty (20) clear copy of the mark.
- The full name, nationality and registered address of the applicant.
- Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.
- For marks that contain non-English words, a certified transliteration and translation.
3, Receiving office
Indonesia Intellectual Property office.
4, Multi-class application
In Indonesia, multi-class application is available, which means the applicants can apply more than one class of goods/services for their trademarks. The classification of goods/service is based on the 11th Edition of Nice Convention.
5, Time frame for obtaining registration
The approximate time for application to registration is about 34- 38 months, consist of:
- Application: Every applicant is required to submit an application with the Indonesia Intellectual Property office.
- 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.
- 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
- 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.
- 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.
Please click here to know the fee of trademark registration in Indonesia. Also, you can visit here to see the procedures and required documents for trademark registration in Indonesia.
Or sending your inquiry by filling the form:
- Trademark search in Indonesia
- Trademark registration in Indonesia
- The required documents
- The time frame of TM registration
- The fees of TM registration in Indonesia
- Trademark renewal in Indonesia