Trademark registration in Indonesia. Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. Indonesia has a mixed economy in which both the private sector and government play vital roles. As the only G20 member state in Southeast Asia, the country has the largest economy in the region and is classified as a newly industrialized country. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Indonesia.
Necessary documents for trademark registration in Indonesia
Necessary documents for trademark registration in Indonesia include:
- Power of attorney;
- Other documents: Declaration of trademark ownership;
- Sample of a trademark filed in Indonesia;
- List of goods/services;
- Name and address of the applicant.
Principle of trademark registration in Indonesia
Indonesia follows the “first to file” principle (Indonesian Trademark Act of 2016 Article 20). Accordingly, this means the first legal person or organization that files for a particular trademark in Indonesia is given the priority for its use. Therefore, businesses need to file their applicants promptly, or else someone else might steal their trademark by filing first.
Becoming the legal owner of a trademark in Indonesia means that they will have exclusive protection of the registered marks. Essentially, the trademark owner will have the right to protect the trademark against infringement, unfair competition, illegal use of the mark, or has the right to license or assign trademark registration for another party. If there is an infringement action, trademark owners may take legal action against the violating parties.
Since 2 January 2018, Indonesia has become a member of the Madrid System. Accordingly, applicants now may file their trademark registration in Indonesia through the Madrid System. This system allows applicants from all around the world to submit a single trademark application in one language and one set fee to register that trademark in all member countries of the Madrid System.
The procedure of trademark registration in Indonesia
Before registering a trademark in Indonesia, the applicant should make sure that the proposed trademark doesn’t violate any forbidden provisions in the Indonesian Trademark Act. Therefore, the applicants should conduct a trademark survey in order to avoid any moral conflict and ensure that no other legal entities have registered a similar trademark.
International trademark registration in Indonesia usually takes about 34-38 months from the filing date for a valid application. However, if the application encounters problems with form, content, or objection, the trademark procedure in Indonesia will take considerably longer to complete.
Issuing a certificate of trademark registration in Indonesia
The timeframe for granting a trademark registration certificate in Indonesia is 1-2 months.
Validity of trademarks registered in Indonesia
After the successful trademark registration in Indonesia, the trademarks will be protected for 10 years from the date of registration. The renewal period is 06 months from the date of expiration.
What international treaties is Indonesia a party to?
Currently, Indonesia is a party to many international treaties including the Madrid System for the International Registration of Marks, the Trademark Law Treaty, the Paris Convention for the Protection of Industrial Property.
You can see a list of Indonesia IP firms here.