Nov 13, 2018

Trademark/Servicemark Registration Procedure based on the Indonesian Trademark Law No. 20 of 2016

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Trademark/Servicemark Registration Procedure based on the Indonesian Trademark Law No. 20 of 2016:

  • An application shall be published within the Marks Official Gazette within a period of no later than 15 (fifteen) days as of the application filing date, the publication period shall continue for a period of 2 (two) months through electronic and/or non-electronic means. During this stage, any parties may file an Opposition in writing to the Trademark Office;
  • The applicant or its proxy may file a rebuttal to the opposition within 2 (two) months as of the delivery date of the copy of the opposition was sent by the Trademark Office;
  • A substantive examination then shall be conducted and shall be completed within a period of 150 (one hundred and fifty) days;
  • In case of the examiner decides that the application can be registered, thus it shall be registered and announced within the Marks Official Gazette either electronically or non-electronically. If otherwise, the applicant (or its proxy) will be notified in writing by stating the reason(s);
  • Within no later than 30 (thirty) days as of the delivery date of the notification letter, the applicant (or its proxy) may file a response. In case of no response, thus the application shall be refused;
  • If the response is accepted, the mark shall be registered and announced within the Marks Official Gazette either electronically or non-electronically, while if the response is refused, the applicant (or its proxy) will be notified in writing by stating the reason(s);
  • Applicant may file an appeal against the refusal to the Mark Appeal Commission within a period of no later than 90 (ninety) days as of the delivery date of the refusal notification from the Trademark Office. The decision of the Mark Appeal Commission shall be made within a period of no later than 3 (three) months as of the date of receipt of the appeal;
  • In case of the appeal is accepted, the mark shall be registered and announced within the Marks Official Gazette either electronically or non-electronically. If the appeal is refused then the applicant or its proxy may submit a claim against the Mark Appeal Commission’s decision within a period of no later than 3 (three) months as of the date of receipt of the decision.

 

The documents necessary for filing a trademark/servicemark application are as follows:

  • Power of Attorney (simply signed);
  • Statement of Mark Owner (simply signed);
  • Priority Document (if claimed);
  • 3 prints of the mark label/etiquette with the size of not smaller than 2 x 2 cm yet does not exceed 9 x 9 cm.

 

The documents necessary for filing a renewal trademark/servicemark application are as follows: