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.
What are 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 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 mark that are conflict with the protected industrial design or geographical indication.
– The mark is generic;
– The registered trademark conflict with the earlier trademark;
– 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 is against the public policy or morality of the social.
– The mark that are deceive the public.
– The trademark consists the signs are undistinguishable 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.
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