The sources of Trademark law in Indonesia are widely dispersed among a number of national laws and regulations, presidential decrees and ministerial decrees. The main sources of Trademark law in Indonesia are:
- Law Number 20 Year 2016 concerning Trademark and Geographical Indication (Law No. 20/2016);
- Ministry of Law and Human Rights Regulation Number 67 Year 2016 concerning Trademark Registration (MoLHR No. 67/2016).
Definition of Trademark Registration
According to Law Number 20 Year 2016 concerning Trademark and Geographical Indication, “a trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or combination of 2 (two) or more of such elements to distinguish goods and/or services produced by person or legal entity in the trading activity of goods and/or services”.
In order to obtain an exclusive right of trademark, an applicant is required to file an application. As for, according to Law No. 20/2016, such an application is filed to the Minister of Law and Human Rights i.e. Directorate General of Intellectual Property under Ministry of Law and Human Rights.
Please find below our general information regarding Trademark Registration in Indonesia, as follows:
- Applicant: Please be advised that an application can be filed by an applicant themselves or through their authorized. In this matter, a foreign applicant generally uses Intellectual Property Consultant services to register their trademark for the sake of smooth registration.
- Protection Period: A registered trademark gets its protection period for 10 (ten) years since the reception date. Meanwhile, the renewal application of registered Trademark may be submitted within 6 (six) months before the protection period expired or 6 (six) months after the protection period expired, but the applicant will need to pay a fine. Moreover, if the applicant do not renew their trademark registration then it will be automatically withdrawn..
- First to File Principle: Please be informed that Indonesia embraces “first to file” system in granting ownership rights of a trademark. Based on such system, a trademark owner is required to register their trademarks at the Directorate General of Intellectual Property (“DGIP”) in order to obtain exclusive rights towards their trademark.
- NICE Classification: In association with the registration, please be advised that Trademark registration in Indonesia is referred to NICE Classification which was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957. The current version is the 2019 version of the eleventh edition. It entered into force on January 1, 2019. Accordingly, the Trademark registration for the class of goods and services would be remains the same with other country who referred to NICE Classification on registering Trademark.
It is highly recommended to conduct Trademark search of the Trademark Class Classification which is intended to be registered in the first place. The purpose of this Trademark search is to minimize the possibility of any refusal of the concerned Trademark registration process. Please be advised that our Trademark search is an online unofficial search.
- Priority Right: Priority Right is a right of the applicant to submit an application originating from country incorporated in the Paris Convention on the Protection of Industrial Wealth (Paris Convention for the Protection of Industrial Property) or Agreement on Establishment of a World Trade Organization (Agreement Establishing the World Trade Organization) to obtain a recognition that the reception date in origin country is a priority date in the destination country which is also a member of one of the two agreements, as long as the submission is made within a specified time period as determined in such international agreement.
An applicant that originates the contracting state of Agreement Establishing the World Trade Organization or Paris Convention for the Protection of Industrial Property could file a trademark registration with priority right to the DGIP within at the latest 6 (six) months since the reception date of registration which firstly received in other contracting state.
- Completion Time: Moreover, as for the estimation of completion time, please be informed that pursuant to the Law No. 20 of 2016 regarding Trademark and Geographical Indication (“Law 20/2016”), the entire process will take around 9-12 months after the completion of submission of application to obtain filing date.
HOW CAN SIMBOLON AND PARTNERS LAWFIRM HELP YOU?
Nevertheless, foreign businesses who register their trademark through the international route still need legal assistance for a comprehensive understanding of the legalities of running a business in Indonesia.
Simbolon and Partners Law firm is as one of Leading Indonesian Corporate Legal Services and IPR consulting in Indonesia. Simbolon and Partners Lawfirm have extensive experience in corporate and commercial law, investment law, intellectual property law and versatile legal matter. We assist foreign investors or companies in registering their trademark pursuant to the prevailing laws and regulations in Indonesia. Our knowledge, experience, and connections will help you to protect your trademark registration and prevents any future disputes or infringement.
Disclaimer: This article designated to provide general information only. It is not offered as advice on any particular matter, whether it be legal, procedural or other, and should not be taken as such. This article is not intended to cover all issues related to the topic discussed.