What kind of signs which may serve as trademarks in Indonesia?
A sign in the form of a picture, logo, name, word, letters, figures, composition of colors, in the form of two (2) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of the two (2 ) or more of these elements having distinguishing features and used in the activities of trade in goods or services can be claimed as a trademark.
Why should we register our trademark?
A trademark registration has functions as follows:
as an evidence to prove that we are the rightful owner of a trademark;
as a basis used by the Trademark Office to refuse another party’s application for registration of similar/identical mark filed for the same kind of goods/services;
to protect against others trading on trademark owner’s reputation and against confusion as to origins of products or affiliation.
First-to-file System
Indonesia adopts first-to-file system in granting trademark registration. First-to-file system means that a later application can not for any reasons lead to registration sooner than the earlier trademark application. Further, when the earlier trademark application has been granted registration, later similar/identical trademark application covering the same kinds of goods/services would be refused by the Trademark Office.
Term of registration
A registered trademark shall have legal protection for a period of 10 (ten) years from the filing date and the protection period can be extended.
When should we file the renewal application of our trademark registration?
A trademark registration must be periodically renewed after each ten-year period. There is no time limit on the number of times that the registration can be renewed. A trademark registration is renewed for the next ten-year period by filing a renewal application within Six (6) months before the expiration of the registration.
What makes a trademark unregistrable?
A trademark shall not be registered if :
The trademark application constitutes bad faith;
it contradicts with the prevailing laws and regulations, morality of religion or public order;
it has no distinguishing elements;
it has become public property; or
it is descriptive (it constitutes information or related to the goods or services for which registration is requested).
Grounds of refusal
An application for registration of a trademark shall be refused by the Trademark Office if the relevant trademark is:
Being confusingly similar to or identical with a prior registered mark of another person in relation to similar goods or services;
Being confusingly similar to or identical with a well known mark of another person in relation to similar/dissimilar goods or services;
Being confusingly similar to or identical with a known geographical indication;
Bearing or resembling a name of a famous person, photograph, a corporate name of another person, unless with the written consent from the owner;
Constituting an imitation of or resembling a name or the abbreviation of such name, flag, insignia or emblem of a state or a national or international institution unless with a written consent from the competent authority.
Criminal offences referred to in Indonesian Trademark Law shall be offences that warrant complaint
Trademark criminal cases are cases which are indictable only upon complaint. The complainant (or his/her proxy) must be able to prove that he/she is the rightful proprietor of the infringed trademark by way of presenting the certificate of the mark in question to the police. For cases indictable only upon complaint like in trademark cases, a complaint is not only the cause for investigations but also the condition for proceeding.
