FAQs

It is not mechanism for recording the protected trademark on the date of Custom authority in Indonesia

The cancellation of trademark registration in Indonesia is available. A trademark may be cancelled where:- The registered trademark conflict with the earlier trademark;
– The trademark consists the signs are undistinguishable such as the sign indicates the kind, quality, quantity, intended purpose or value of goods/services or other characteristics of goods or services.
– The marks that breach the copyright of another parties.
– The mark that are similar or identical with the well-known trademark;
– The mark that are similar or identical with the armorial bearings, flags and other state emblems;
– The mark that are conflict with the protected industrial design or geographical indication.
– The mark is generic;
– The mark is against the public policy or morality of the social.
– The mark that are deceive the public.

The Power of Attorney and Declaration of use are required for renewing a trademark in Indonesia. The grace period is 06 months from the expire date of the trademark registration.

A trade mark shall be registered for a period of 10 years from the filing date

A trademark must be used within three years from the registration date. The amounts of goods/services bearing the trademark is not defined.

Proof of use is not required for obtaining the protection of trademark. However, it is required to have Proof of use for defending the trademark against the non-use claim.

Any parties have the right to file opposition against an applied trademark before it has been granted the protection

After getting trademark registration, the owner of trademark has the right to defence the trademark against the infringement action, unfair competition, unlawfully use of the trademark or have the right to license or transfer the trademark registration to another party.

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.

It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Indonesia.