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.
1, To file a trademark application in Indonesia, the following information and documents are required:
- 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.
2, Mutil-class in a trademark application
Multi-class trade mark filings are now accepted in Indonesia, meaning that applicants may file for one mark to protect many different areas of goods and services under the Nice Classification System.
3, Time frame for obtaining registration
In Indonesia, Certificate of Trademark Registration is usually granted within 34- 38 months from the filing date. Before that, the trademark applications need to go through 5 stages:
- 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.
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- 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