Description of the registration of the Indonesian trademark
The Republic of Indonesia (abbreviated as "Indonesia") is a Southeast Asian country, located between the Asian and Australian continents and between the Pacific and Indian Oceans. It is the largest archipelago country in the world. As of 2020, Indonesia has a population of 262 million, making it the fourth most populous country in the world. China has been Indonesia's largest trading partner for nine consecutive years. In 2021, the bilateral trade volume between China and Indonesia exceeded the US$100 billion mark for the first time, with the largest increase among ASEAN countries. China has been Indonesia's largest product export destination for six consecutive years and is also Indonesia's main source of investment.
Trademark Registration Applicant Qualifications
Applicants must entrust an agent to handle relevant matters when submitting a trademark registration application. Foreign citizens who apply for trademark registration or handle other trademark matters in Indonesia must designate an Indonesian agent to handle them on their behalf. According to the Paris Convention on priority, foreign applicants can apply for priority within 6 months from the date of the first application in the country of origin or any member state of the Paris Convention.
Indonesia Trademark Registration Information
(1) Name and address of applicant (in Chinese and English)
(2) Trademark image
(3) Categories of goods or services for which the trademark is applied for
(4) Letter of authorization (signature of the legal person or person in charge is required)
(5) Affidavit of Use
(6) If claiming priority, you must provide the priority certificate and the corresponding Indonesian translation
Trademark Registration Process in Indonesia
The trademark registration procedure in Indonesia is different from the examination-first, announcement-second and registration-first procedure that Zhiyuan has previously recommended in most countries. The procedure for successful trademark registration in Indonesia is announcement-first, then examination:
Submit application - formal review - announcement - substantive review - approval and issuance of certificate.
1. Submit your application
The trademark agency submits the Indonesian trademark registration application to the Indonesian Trademark Office. Each application can only include one category of goods or services, and each category of goods or services must be submitted separately. After submitting the application, if it meets the requirements, the application date and application number will be granted.
2. Formalities Examination
After receiving the Indonesian trademark registration application, the Indonesian Trademark Office will conduct a formal review. The formal review will be completed within 15 days after the formal receipt of the application. The main purpose of the formal review is to review whether the application documents are complete. If the documents are incomplete, the trademark agency can complete the missing documents within 2 months after receiving the formal review rejection notice.
3. Announcement
The Indonesian Trademark Office will publish Indonesian trademark registration applications that meet the requirements within 14 days from the date of completion of the application. The publication period is 3 months. Any interested party may raise an objection to the published trademark during the publication period.
The Indonesian Trademark Office will forward a copy of the opposition letter to the applicant in writing within 14 days after receiving it. The trademark agency can respond within 2 months after receiving the opposition letter forwarded by the Trademark Office.
4. Substantive Examination
During the substantive examination, the examiner will conduct a thorough review of the Indonesian trademark registration application from the following two aspects:
1. Whether the trademark is a registrable mark;
2. Whether the trademark is a mark that should be rejected.
In addition, the Indonesian Trademark Law also stipulates that the substantive examination must be completed within 9 months.
If no one raises an objection, the trademark will enter the "substantive examination" procedure. The substantive examination will be completed within 150 days.
5. Defense
If the application is found to be unregistrable upon review, the trademark application will be rejected. The applicant must submit a written reply within 30 working days after receiving the "Rejection Notice".
If the defense is successful, DJKI will issue a "Trademark Registration Certificate"; if the defense is rejected, the applicant can apply for a review within 90 working days. If the review committee still decides to reject the application after the hearing, the applicant can appeal to the court within 3 months.
6. Approval of registration
DJKI will issue a "Trademark Registration Certificate" if there is no reason to refuse registration after review.
Indonesian Trademark Renewal and Cancellation
Renewal: Renewal can be processed within 12 months before the expiration date, with a grace period of 12 months (extra fees apply for extension), and the renewal period is 10 years.
Revocation: If a trademark has not been used for three consecutive years, an application for revocation may be made.
