Trademark Search in Indonesia

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

The entire procedure of trademark registration can be completed in 14 months and 10 days. However, due to workload and bureaucratic delays, it may take up to 2 years.

If I register my trademark in Indonesia, do I have protection in other territories?

The territorial limit of registration is Indonesia.

Do I need to sign a Power of Attorney?

Yes, a power of attorney is required in securing a filing date.

Are there any benefits from a pre-filing use of the trademark?

There are no benefits from a pre-filing use of a mark.

Will there be problems in case I don’t use my trademark after registration?

Yes, cancellation on the ground of non-use is available.

What are the types of trademark that can be registered in Indonesia?
  • names
  • words
  • devices
  • slogans
  • colours
  • holograms
  • trade dress/get-up
  • some non-traditional marks*
  • collective marks
  • service marks

 

*Contact Marcaria.com for more information.

What are the phases of application after a trademark has been filed in Indonesia?

The order of the application process is as follows:

  1. Examination of the application in respect to:
    1. formalities
    2. classification
    3. clarity
    4. descriptiveness
    5. distinctiveness
    6. deceptiveness
    7. conflict with an earlier registration
  2. Publication of the application details such as:
    1. mark
    2. name of applicant
    3. address of applicant
    4. state or country of incorporation of applicant
    5. application number
    6. application date
    7. goods/services
    8. priority claim information
  3. Registration
What type of trademark is not registrable?
  • 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
Does Indonesia use the "Nice Classification" system?

Indonesia uses the Nice Classification System.

Does the Community Trademark apply for Indonesia?

Indonesia does not follow the European Union Trade Mark registration or the Community Trade Mark registration.

Is there any possibility to claim priority in Indonesia?

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
What do I need to do to satisfy the use requirement?

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.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the filing date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

Unregistered marks are legally permitted to be used for any goods or services.

Does having a registered trademark in Indonesia give me any right?

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.

What is the web address of the trademark national office?

Visit the national office is online at: www.dgip.go.id.

Is there any need to use my trademark before I apply for registration?

Neither actual use nor intent to use is required for application.

Can a Trademark Application be opposed?

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
Who can contest my trademark application?

Anyone may oppose an application.

Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

The opposition period begins on the publication date.

 

The opposition period ends within three months of the publication date.

Is Indonesia a member of the Madrid System?

Indonesia is not a member of the Madrid Agreement or the Madrid Protocol.

Do I need to present periodic statement of use?

Periodic statements of use are not required. However, a declaration of use is required for renewal.

When should I renew my trademark?

Subsequent renewals last for 10 years from the renewal date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is there any documentation that should be presented when renewing a trademark?

The following documents are necessary:

 

  • power of attorney
  • declaration of use
If my trademark expires, do I have a grace period?

There is no grace period for renewing registrations once the renewal date has expired.

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