Under the Indonesian Law, registration is necessary in order to obtain rights to a trademark. The "first to file" policy is effective in this jurisdiction.
Visit the national office is online at: www.dgip.go.id.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- deceptiveness or disparagement
- notorious or well-known mark
- rights in a company name
- unauthorized use of specially protected emblems or national insignia
Anyone may oppose an application.
The following can be grounds for cancellation:
- lack of distinctiveness
- the mark is used principally as a geographical indication
- the mark is prohibited in Indonesia
- the mark is contrary to public policy or principles of morality
- the mark is used in a misleading manner
- inclusion of a badge or emblem of particular public interest
- bad faith
- See Section VIII.A. Use Requirements
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to license other third parties to use the trademark
- the right to oppose later conflicting applications
- the right to request for a cancellation action against a later conflicting registration
- the right to file an infringement case against third parties for using a confusingly similar trademark
- the right to receive damages or compensation for infringement
- the right to request for counterfeit goods to be seized by customs authorities
The opposition period begins on the publication date.
The opposition period ends within three months of the publication date.
Indonesia is not a member of the Madrid Agreement or the Madrid Protocol.
Periodic statements of use are not required. However, a declaration of use is required for renewal.