English
The average time frame for the registration approval is 36 months, if no objections or oppositions arise.
The territorial limit of registration is Indonesia.
Yes, a power of attorney is required in securing a filing date.
There are no benefits from a pre-filing use of a mark.
Yes, cancellation on the ground of non-use is available.
- names
- words
- devices
- slogans
- colours
- holograms
- trade dress/get-up
- some non-traditional marks*
- collective marks
- service marks
*Contact Marcaria.com for more information.
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with an earlier registration
- Publication of the application details such as:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- Registration
- generic terms
- marks that are against moral standards or public order
- marks without acquired distinctiveness
- symbols, names or flags of nations, states, regions, or of international organizations
Indonesia uses the Nice Classification System.
Indonesia does not follow the European Union Trade Mark registration or the Community Trade Mark registration.
Priority application is possible to claim if:
- the applicant's home country is a member of the Paris Convention
- the home application was filed within six months prior to application in Indonesia
A trademark must be used within three years calculated from the registration date.
The amount of use is not yet defined but it must occur in Indonesia.
The initial term of a registration is 10 years calculated from the filing date.
The first renewal date of a registration is 10 years from the application filing date.
Unregistered marks are legally permitted to be used for any goods or services.
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
- descriptiveness
- non-distinctiveness
- 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:
- descriptiveness
- deceptiveness
- lack of distinctiveness
- genericness
- 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.
Subsequent renewals last for 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
The following documents are necessary:
- power of attorney
- declaration of use
There is no grace period for renewing registrations once the renewal date has expired.