Indonesia
Fees for registering Indonesia trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Indonesia are mainly based on the revised Trademark Law on November 28, 2016. The Intellectual Property Department of the Indonesian Ministry of Law and Human Rights is responsible for managing trademark affairs, and the official language is Indonesian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Indonesia follows the principle of "application first".
Indonesia is a signatory to international intellectual property treaties such as the Paris Convention, the Trademark Law Treaty, the WIPO Convention, and the Nairobi Treaty, and is a member of the Madrid Protocol. Therefore, trademark registration can be processed through either the "single country registration" or the "Madrid International Registration" method.
Trademark Registration Process
Currently, Indonesia adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Indonesia include: text, name, graphics, color combinations, slogans, holograms, sound, and three-dimensional trademarks.
If the applicant does not reside in Indonesia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney and affidavit of use;
5. If priority is declared, priority proof documents and corresponding Indonesian language translations must be provided
The main process for applying for registration of an Indonesian trademark after November 28, 2016 is: application acceptance announcement examination approval issuance. The examiner first conducts a formal examination, and after the examination is completed, the trademark application will be published (usually within 30 days from the date of application). The opposition period is 2 months from the date of trademark publication. During the opposition period, anyone can raise objections to the application. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there is no objection or objection is not established during the announcement period, the trademark will undergo substantive examination, including examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After the examination is passed, it can be approved for registration and a registration certificate will be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.
In a smooth situation, trademark registration in Indonesia takes 1 and a half to 2 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking 3-5 years.
Trademark registration materials
The Indonesian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the Indonesian Trademark Law:
1. (1) Violating the provisions of the Trademark Law; (2) Malicious registration; (3) Similar or identical to a trademark previously applied for registration by others. Invalidation must be filed within 5 years after trademark registration.
2.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
Trademark invalidation applications can be filed with the Indonesian Commercial Court, which generally takes 3-5 years under current examination conditions. The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used":
The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used":
1. Invoice; Product catalog; Revenue evidence;
2. Packaging and decoration; label; quotation;
3. Advertising; Written statement; Market research results.
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