We will file your trademark application and will carry out all necessary tasks before the Indonesian Trademark Office in order to obtain the registration. We can assure you that:
Your trademark application will be filed properly;
all processes will be performed in a timely manner;
you will be periodically informed about the development;
if objections occur during the process, knowledgeable professionals will assist you.
Filing Requirements
In order to register a trademark in Indonesia you need to provide:
Details of Applicants i.e. full name, address and nationality, or, details of incorporation (be it a corporate body);
Soft copy of your trademark in .JPEG format (by email) + details of the Mark;
Designated goods/services (item per item);
A Declaration of Entitlement* signed by the applicant(s);
A Special Power of Attorney* signed by the applicant(s);
Certified copy of basic application and its English translation, if convention priority is claimed.
Additional Filing Requirements For Indonesian Applicant:
Copy of the applicant’s ID (KTP);
Copy of Deed of Establishment (where the applicant is a corporate body);
Copy of the signatory’s ID/KTP (where the applicant is a corporate body). The signatory should be the Director in charge of the company;
Copy of the applicant’s tax registration no./NPWP (where the applicant is a corporate body).
Pre-filing Trademark Search (Optional but highly recommended)
Before adopting and promoting a new name, it is advisable a trademark search be conducted prior to using or applying to register a mark in order to ascertain whether the use of your mark is likely to infringe prior registered marks. Our trademark search report will be available within 5 (five) working days. It identifies all similar existing registered trademarks to the one you are proposing. It also include our advice on availability and registrability to assist you in making a decision to proceed with registration or make amendments to the proposed trademark.
Examination, Publication & Granting Process
Under the old Trademark Law No. 15/2001:
Substantive Examination. After the Directorate General of Intellectual Property Rights (the Directorate General) determines that you have met the filing requirements, the application is reviewed by the Examiners at the Directorate General for a number of months to determine whether it complies with all applicable laws. The Examiners will also search the Directorate General records to determine if a conflict, i.e., a likelihood of confusion, exists between the mark in the application and another mark that is registered or pending in the Directorate General.
Click here for a complete list of all possible grounds of refusal.
If the Examiners decide that a mark should not be registered, the Directorate General will issue a letter (Office action) mentioning any substantive reasons for refusal. If the Directorate General send an Office action, the applicant’s response to the Office action must be received in the Directorate General within thirty (30) working days of the mailing date of the Office action, or the Directorate General will issue a final refusal.
If the applicant’s response does not overcome all objections, the Directorate General will issue a final refusal. To attempt to overcome a final refusal, the applicant may, for an additional fee, appeal to the Trademark Appeal Board, an administrative tribunal within the Directorate General.
Publication & Opposition. In case that the application is allowed or if the applicant overcomes all objections, it shall be published for three (3) months for public inspections and opposition. During the publication, any party may file an opposition with the Directorate General against your trademark application. If no opposition is filed or if the opposition is unsuccessful, the application shall be granted registration and a Certificate of Registration will issue.
Unless something unforeseen (e.g. office action or opposition) comes up during the process, a standard registration requires between 18 and 30 months to complete. However, you get priority protection from the first day of filing your application. The detail procedure of registration of a trademark can be found in Trademark flow chart.
Under the new Trademark & Geographical Indication Law No. 20/2016:
Publication & Opposition. In case that the application is allowed or if the applicant overcomes all objections, it shall be published for two (2) months for public inspections and opposition. During the publication, any party may file an opposition with the Directorate General against your trademark application. If no opposition is filed or if the opposition is unsuccessful, the application shall be granted registration and a Certificate of Registration will issue. Substantive Examination. After the Directorate General of Intellectual Property Rights (the Directorate General) determines that you have met the filing requirements, the application is reviewed by the Examiners at the Directorate General for a number of months to determine whether it complies with all applicable laws. The Examiners will also search the Directorate General records to determine if a conflict, i.e., a likelihood of confusion, exists between the mark in the application and another mark that is registered or pending in the Directorate General.
Click here for a complete list of all possible grounds of refusal.
If the Examiners decide that a mark should not be registered, the Directorate General will issue a letter (Office action) mentioning any substantive reasons for refusal. If the Directorate General send an Office action, the applicant’s response to the Office action must be received in the Directorate General within thirty (30) working days of the mailing date of the Office action, or the Directorate General will issue a final refusal.
If the applicant’s response does not overcome all objections, the Directorate General will issue a final refusal. To attempt to overcome a final refusal, the applicant may, for an additional fee, appeal to the Trademark Appeal Board, an administrative tribunal within the Directorate General.
Unless something unforeseen (e.g. office action or opposition) comes up during the process, a standard registration requires between 9 and 12 months to complete. However, you get priority protection from the first day of filing your application. The detail procedure of registration of a trademark can be found in Trademark flow chart.
Our filing services include preparation and filing of your trademark application, notifying objections or acceptance of the application, advising deadlines for responding to office actions and/or third parties’ oppositions (if any), acquiring and sending the trademark registration certificate if the application is granted and free consultation with our trademark specialists during the process.
The following works shall only be commenced upon your/your client prior approval:
Preparing the response to the Office action in the case objections by the Examiners;
Preparing the counter opposition against opposition filed by other parties to client’s trademark application;
Preparing and filing an appeal to the Directorate General decision with the Trademark Appeal Board if your trademark application is refused by the Directorate General.
"Trademarks are an important component of businesses.... Protect them!"
