Single-class application vs. Multi-class application? Multi-class trademark applications are possible in Indonesia. However, it is highly recommended to file single-class applications as this may help to avoid unnecessary delay in the process of the registration if an opposition arises against one of the designated classes. Time Frame Unless something unforeseen (e.g. office action or opposition) comes up during the process, a standard registration requires between 12 and 18 months to complete. However, you get priority protection from the first day of filing your application. The procedure of registration of a trademark is as follow: Publication & Opposition.After the Trademark Office determines that you have met the filing requirements, your trademark application 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 enter the next stage: Substantive Examination.
Substantive Examination. At this stage, the application is reviewed by the Examiners at the Trademark Office for a number of months to determine whether it complies with all applicable laws. The Examiners will also search the Trademark Office 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 Trademark Office will issue a letter (Office action) mentioning any substantive reasons for refusal. If the Trademark Office send an Office action, the applicant’s response to the Office action must be received in the Trademark Office within thirty (30) working days of the mailing date of the Office action, or the Trademark Office will issue a final refusal.
For a Madrid Application, the deadline to file a Response to the Office Action/Provisional Refusal of an international registration in Indonesia is 30 days from the date WIPO sends the Provisional Refusal to the applicant. The deadline is not extendable.
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 Trademark Office.
Filing Services 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.
