Trademark Registration in .
Trademark is an essential part of a business to protect itself from counterfeiters and infringers. By registering an Indonesian trademark, the trademark owner achieves exclusive rights to protect itself and take legal actions against the perpetrators. Businesses worldwide are getting trademarks registered to distinguish themselves from the competitors and establish a sense of authenticity. To understand the Indonesian trademark registration process, let us understand it step by step.
Trademark registration services in Indonesia
Indonesia has a first to file system, which means that anyone who files for a trademark application first will become the trademark owner if the application gets accepted. The official authority that looks after the trademark applications is Directorate General Intellectual Property (DGIP).
Types of Trademarks
Types of trademarks in Indonesia
There are certain types of trademarks that are accepted and rejected in Indonesia. The allowed trademarks are:
The trademarks that are not allowed registration include:
How to register a trademark in Indonesia?
Before filing an application, it is necessary to do a trademark search first. This will help you understand the possible reasons for a trademark rejection and give you insight if identical or similar trademarks are already registered.
To file an application in Indonesia, there are certain requirements that the applicant must provide. These include:
- The name and address of the applicant, or if it’s incorporation, then the details of it as well;
- Details of the trademark itself;
- The details of goods and services being offered;
- The class or classes under which the goods offered fall;
- Power of attorney is required, along with a statement that shows the trademark’s ownership.
After the application is filed with the DGIP, it goes through an examination after a proper check. The substantive examination checks whether the application adheres to the laws and if there is any inaccuracy in the application. The examination also checks if there is any confusion between the application and prior registered trademarks.
If the application is deemed not to be registered by the examiner, an official notice is sent to the applicant, mentioning the reasons for refusal. The applicant then has 30 days to respond to the official notice, and if he fails to do so, the application will be refused. If the applicant fails to overcome the objections, DGIP will give the final refusal, which can be appealed against with the Trademark Appeal Board, subject to additional fees.
Publication and opposition
If the application is accepted or the objections are overcome, it is published in the official gazette for 2 months. During this publication, the application is open to opposition by the public.
If there is an opposition, the Directorate General gives time to both the parties to provide evidence and prove the claims.
If no opposition is filed, the application is granted registration, and a Certificate of Registration is issued to the applicant.
Price of Trademarks
Trademark registration cost in Indonesia
The trademark registration cost in Indonesia range from $800 to $3500, depending on the number of classes and the legal fee required.
Age of Trademarks
How long does the Indonesian trademark last?
Trademarks in Indonesia last for ten years, subject to renewal. The Indonesian trademarks can be renewed as early as twelve months before the expiration date. There is no grace period in Indonesia; thus, trademark owners must be careful about the expiration date and make a timely renewal. If the trademark is not renewed on time, a new separate trademark registration application will have to be filed.
Countries around the world are offering great opportunities to businesses around the world. Getting a trademark registered will help in distinguishing yourself from your competitors. It is important to let the customers know that the business is authentic. This becomes possible by registering a trademark.
At Trademark International, we provide hassle-free Indonesian trademark registration services catered to your needs in compliance with the international requirements and standards. Indonesian trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now!
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.