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.
It is not mechanism for recording the protected trademark on the date of Custom authority in Indonesia
Any parties have the right to file opposition against an applied trademark before it has been granted the protection
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.
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.
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.
It is not compulsory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Indonesia.
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.
The trademark registration will recognize the ownership of the applicant with the trademark. The owner of the registered trademark also 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.
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.
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
– You could check Trademark Fee in Indonesia here
– You could visit here to see Procedure of Indonesia Trademark Registration.
– You could visit here to check the required documents of filing trademark in Indonesia.
– You could read Legal Notes About Trademark In Indonesia – Indonesia Trademark Law here.
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