Procedures for registering trademark in Indonesia:
- Search for Intellectual Property Rights Consultants (proxy). According to the Indonesian Trademark Law, foreign applicants are required to process trademark registration through a local IP consultant with the Power of Attorney signed and the Declaration of Rights.
- Ensure that the proposed trademark complies with the rules. Some conditions can cause application rejection such as: the similarity of important features with registered products, famous products or with known geographical indications; contradicts the moral, religious or community order; and has become public property.
- Conduct preliminary research to ensure that your proposed trademark has not been registered by another person or legal entity. Checking online is the easiest first step, by searching a database of Indonesian trademark information from the Directorate General of Intellectual Property Rights that is integrated with the WIPO (World Intellectual Property Organization) or searching on TMview ASEAN. Based on the latest data updated in 2014, Indonesia has around 364,363 registered marks, not including those in pending status, so it is important to ensure that the proposed trademark is not suitable for approval.
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- Requirements complete properly and thoroughly, leaving nothing incomplete. The general procedure for trademark registration consists of a formal, material inspection and announcement.
- Formal Inspections from DG IPR examiner checks whether the application complies with the requirements and this may take 30 days. This includes items such as whether information about the applicant is complete and written in Indonesian, details of the sign and specifications, and if the submission is submitted.
- Substantive Review This stage decides whether the application is approved or rejected. The material process for trademark features may take up to 90 days.
- Announcement Once approved, register trademark in Indonesia will be announced in the Official Trademark Journal for 3 months and open to objections or opposition. If there are no significant objections within 3 months, the trademark certificate will be issued and valid for 10 years. It is also renewable.
ADVANTAGES OF REGISTERING TRADEMARK
With a high incidence of piracy in Indonesia, patenting the goods and services with trademark is an important step. Registering the trademark, you will get some significant advantages as following:
- The Company enjoys the exclusive protection of goods and services against claims of infringement by other parties.
- When the owner of the trademark is in legal battles, the owner can get legal reinforcement in instances.
- Based on Trademark Act No 15 of 2001, a person or legal entity who first filed the trademark application will get the priority to use the trademark.
- Having a solid and reputable trademark adds value to the products or services. The company can use this trademark to bring their brand closer to their prospects.
download Pdf Power of Attorney
Ruko Regia RB1 No. 29,
Jl. Graha Raya Bintaro,
Kec.pondok Aren, Tangerang Selatan,
Banten 15226, 021-27565003, email@example.com
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