Indonesian trademark system

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The following information is useful when protecting trademark rights in Indonesia, the most populous country in the ASEAN (Association of Southeast Asian Nations) region.
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Trademark rights in Indonesia

(1) Target of protection

• Trademarks used for products and services
• Word trademarks, figure trademarks, three-dimensional trademarks, hologram trademarks
  *Collective trademark system: Yes
• geographical indication
• Country of origin indication
  (Defensive mark system: none)

(2) Application

In order to obtain trademark rights in Indonesia, there are two ways: to apply directly to the Indonesian Trademark Office through an Indonesian agent, and to apply for international trademark registration based on the Madrid Protocol (Madpro route), which designates Indonesia.

direct application

①Procedural language: Indonesian
② Documents to be submitted
　(1) Application form: trademark, applicant's name, address and nationality, list of designated products
　(2) Declaration of trademark ownership
　(3) Power of attorney
　(4) Trademark printing sample
　(5) A sworn translation is required when submitting a priority certificate (in case of claiming priority)
　　・Since it is a member of the Paris Convention, it is possible to claim priority based on the application filed in Japan.
③ Adoption of 1 application multiple classification system
④Nice Agreement: Membership (adoption of international classification)

(3) Examination

At the screening stage, the following requirements are mainly examined:

• Non-distinctive trademark
• A trademark that is the same or similar to a prior trademark that designates the same or similar goods or services
• False or deceptive trademarks

If grounds for refusal are found during the substantive examination, the Trademark Office will issue a notice of reasons for refusal, and may respond within 30 days from the issuance of the notice. Please note that the response period is short.

It uses a pre-grant opposition system, which allows any person to file an opposition during the publication period of a trademark application. After a trademark is registered, interested parties can file a cancellation action.

*In Indonesia, there are many cases where a trademark application is filed by someone else before the genuine trademark owner files a trademark application.In particular, former employees or former agents without a license agreement use the brand name without the company's permission. There are many cases where .
If a trademark has been applied for by someone else before you applied for it, you can file an opposition.

<Average review period> *As of April 2018
The 2016 law amendment stipulated that the substantive examination be completed within 150 business days after the expiration of the public notice period.
(In the past, the examination period from application to registration was approximately three to three and a half years.)

<Examination flow>

(4) After registration

• Duration: 10 years from the filing date
• The term can be extended every 10 years by applying for renewal and paying a fee. The renewal period is from 6 months before the expiration date to the expiration date (there is a 6 month late payment period after the expiration) *A declaration of use is required at the time of renewal.
• Infringement: Complaint

Trademark cancellation trial based on non-use (by the Trademark Office's own authority): Possible in the following cases:

① Unless there is a reason approved by the Directorate General, it has not been used for transactions in goods and/or services for three years or more continuously from the date of registration or the date of last use.
② If the mark is used for the type of goods and/or services that do not match the type of goods or services for which the registration application was applied, including the use of a mark that does not match the registered trademark.

Registration cancellation lawsuit (filed in the Commercial Court)

(1) An action for cancellation of mark registration shall be filed within five years from the date of registration of the mark.
(2) If the mark is contrary to religious norms, morals or public order, an action for cancellation may be brought without a fixed period of time.

Intellectual property information site

The Indonesian patent office, Director General of Intellectual Property (DGIP), provides intellectual property-related information on its homepage. You can also access the database from the DGIP homepage and check the latest trademark information and registration status online for free, as well as obtain trademark publications. Only Indonesian language is supported, but if you select Merek (=trademark) on the screen, enter the registration number or trademark name in the blank space, and click "Cari (Search)", you can see the details of the corresponding case. is displayed.

You can also search for similar trademarks in English using the Global Brand Database provided by the World Intellectual Property Organization (WIPO).