The following articles shall comprehensively guide to register trademark in Indonesia which the trademark applicant should note prior to officially filing Indonesia trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in INDONESIA: first to file or first to use? | Indonesia is applying “first to file” principle. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal |
| What is advantage of trademark registration in INDONESIA? | The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark. |
| Definition of trademark in INDONESIA (i.e. What can be a trademark in INDONESIA)? | Trade Mark shall mean a Mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kind.
Mark shall mean a sign in the form of a picture, name, word, letters, figures, composition of colours, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services. |
| Do we need to conduct trademark search in INDONESIA before officially filing trademark in INDONESIA? and Why? | It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Indonesia. |
| What international treaties INDONESIA is a member? | Indonesia is the member of Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Trademark Law Treaty, Paris Convention for the Protection of Industrial Property. |
| When is opposition to trademark application in INDONESIA? | Any parties have the right to file opposition against an applied trademark before it has been granted the protection |
| Do we need Proof of use for trademark in INDONESIA? | Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim. |
| What rights do owners of trademark have after getting trademark registration in INDONESIA? | After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party. |
| What is term of trademark in INDONESIA? | A trade mark shall be registered for a period of 10 years from the filing date |
| What is use requirement after trademark registration in INDONESIA?
What actions could be considered as use of trademark in INDONESIA?
Could we stop validity of trademark registration certificate based on non-use for a period of time?
How many years of non-use? |
A trademark must be used within three years from the registration date. The amounts of goods/services bearing the trademark is not defined. |
| Is cancellation of trademark registration in INDONESIA available?
What is the foundations for such cancellation? |
The cancellation of trademark registration in Indonesia is available. A trademark may be cancelled where: – The registered trademark conflict with the earlier trademark; – The trademark consists the signs are indistinguible such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services. – The marks that breach the copyright of another parties. – The mark that are similar or identical with the well-known trademark; – The mark that are similar or identical with the armorial bearings, flags and other state emblems; – The mark that are conflict with the protected industrial design or geographical indication. – The mark is generic; – The mark is against the public policy or morality of the social. – The mark that are deceive the public. |
| What is required documents for renewal trademark in INDONESIA?
Is grace period after renewal date allowed? |
The power of Attorney and Declaration of use are required for renewing a trademark in Indonesia. The grace period is 06 months from the expire date of the trademark registration. |
| Is customs record of trademark registration available in INDONESIA? | It is not mechanism for recording the protected trademark on the date of Custom authority in Indonesia. |