05 Legal Notes About Trademark In Indonesia – Indonesia Trademark LawPaul - AAA IPRIGHT
Indonesia is a member of ASEAN – Association of Southeast Asian Nations and the largest country in ASEAN with more than 255 million people. Indonesia is the member of Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, Trademark Law Treaty, Paris Convention for the Protection of Industrial Property. This articles will analyse: definition of trademark in Indonesia, first filing system, trademark use, rights of trademark owners and trademark validity in Indonesia.
Trademark in Indonesia: First to File rule
Indonesia is applying “first to file” principle. It is required to register in order to obtain the protection of a trademark. However, using a trademark that is not registered is not illegal.
Trademark in Indonesia: Definition
Trade Mark shall mean a Mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kind. Mark shall mean a sign in the form of a picture, name, word, letters, figures, composition of colours, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services.
The trademark search and prove of use of trademark in Indonesia
The trademark search and prove of use of trademark in Indonesia is not compulsory for obtaining the protection. However, trademark search is very useful for applicant to determine the chance of success when filing a trademark application in Indonesia and prove of use is required to defense the trademark against the non-use claim.
Rights of trademark owners in Indonesia
The owner of the registered trademark has the right to protect the trademark against the infringement action, unlawfully use of the trademark and/or unfair competition of their competitor. In addition, and also the owner of the trademark has the right to license or transferring the protected trademark.
A trade mark shall be registered for a period of 10 years from the filing date and may be renewed many consecutively times with the grace period of 06 months from the expired date. A trademark must be used within three years from the registration date in order to prevent the cancellation claim based on non-use of trademark. However, the amounts of goods/services bearing the trademark is not defined.
– You can check FEE OF TRADEMARK IN Indonesia HERE.
– You could visit here to see Procedure of Indonesia Trademark Registration.
– You could visit here to check the required documents for filing trademark in Indonesia.
– You could also check the trademark fees in ASEAN countries here. All with affordable fees.
– You could also check the trademark fees in ASIA here. All with affordable fees.
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