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Intellectual Property Rights in Indonesia : Trademark

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Trademark Registration

The trademark registration process based on the applicable laws and regulations is as follows: 

  1. The applicant or his attorney shall accept and sign the registration application form, attach, at least, proof of payment documents, affidavit of ownership of the mark, and the label of the mark and submit it to the Minister of Law and Human Rights (“Menkumham”);
  2. The application for registration of the mark that has been received by the Minister of Law and Human Rights is then subjected to the formality of its completeness;
  3. If there is a lack of completeness of the requirements, then within 30 working days from the date of receipt of the application, the applicant or his attorney is given time to complete it within a period of 2 months from the date of sending the notification letter to complete the requirements;
  4. If it is not completed until the time period expires, the application is considered withdrawn;
  5. Applications that have met the minimum requirements are given the date of receipt and within a maximum of 15 working days from the date of receipt, the application for the mark will enter the announcement stage in the official news of the brand;
  6. The trademark application enters the announcement stage for 2 months, and each party can submit an objection/opposition in writing to the Minister of Law and Human Rights for the application accompanied by the reasons;
  7. The reason is that the mark requested for registration is a mark that according to the MIG Law cannot be registered or must be rejected. Within a period of 14 working days from the date of receipt of the objection, a copy of the objection is sent to the applicant or his attorney;
  8. If there is an objection/opposition, then the applicant or his attorney has the right to file a rebuttal against the objection no later than 2 months from the date of sending a copy of the objection from the Minister of Law and Human Rights.

 

Unregistered or Rejected Marks

A mark cannot be registered when: 

  1. contrary to state ideology, legislation, morality, religion, decency, or public order;
  2. is the same as, relating to, or simply mentioning the goods and/or services for which registration is requested;
  3. contains elements that can mislead the public about the origin, quality, type, size, type, purpose of use of goods and / or services requested for registration or are the names of protected plant varieties for similar goods and / or services;
  4. contains information that is not in accordance with the quality, benefits, or efficacy of the goods and / or services produced;
  5. has no distinguishing power;
  6. is a common name and/or public property emblem; and/or
  7. contains a form of a functional nature.

 

Meanwhile, the trademark application is rejected if: 

  1. has similarities in essence or in its entirety to:
    1. a registered mark belonging to another party or requested in advance by another party for similar goods and/or services;
    2. a well-known brand belonging to another party for similar goods and/or services;
    3. a well-known brand belonging to another party for non-similar goods and/or services that meet certain requirements; or
    4. geographical indications are listed.
  2. application for a mark;
    1. is or resembles the name or abbreviation of a famous person’s name, photograph, or legal entity name owned by another person, except with the written consent of the rightful person;
    2. is an imitation or resemblance of the name or abbreviation of the name, flag, emblem or symbol or emblem of a country, or national or international institution, except with the written consent of the competent authorities; or
    3. is an imitation or resembles an official mark or stamp or stamp used by a state or government agency, except with the written consent of the authorities.
  3. the application was filed by the petitioner in bad faith.

Rahmi Jened in his book Trademark Law in the Global Era & Economic Integration (pp. 94 – 106) states that the basis for which the mark cannot be listed as we explained above is also called absolute grounds. 

 

The absolute reason for non-acceptance of trademark registration is based on the benchmarks and perspectives of the mark used as a mark in absolute terms must have a distinguishing power, absolutely not contrary to law, religious morals and public order and good faith.

 

In the same book (pp. 115 – 130) it is explained that the basis for the rejection of the mark that we described above is referred to as relative grounds, where the rights that have existed first are as a relative reason for refusing registration of a mark or a relative reason for the cancellation of the mark.

 

It is said to be a relative reason, because it still has to be tested in advance the validity of a brand that has an overall similarity with a senior brand, a well-known brand or with a geographical indication that has been registered first.

 

Brand Substantive Examination

After the completion of the announcement period, a substantive examination is then carried out taking into account the objections and/or objections raised. 

  

Substantive checks will begin to be performed: 

  1. if there is no objection, it begins to be carried out after the expiration of the announcement period; or
  2. if there are objections, it will begin to be carried out no later than 30 working days from the expiration of the deadline for submitting a rebuttal.

 

The results of the substantive examination can be: 

  1. an application for a mark can be registered, then the Minister of Law, among other things, will register the mark and issue a certificate of the mark; or
  2. declare the application rejected or cannot be registered, then the Minister of Law and Human Rights will convey it to the petitioner or his attorney stating the reasons.

Against a mark that cannot be registered or rejected, the applicant or his attorney may file a written response containing the reasons within 30 working days from the date of sending the notice. 

 

Upon that response, the examiner will:

  1. received a response, then the Minister of Law, among other things, would register the mark and issue a trademark certificate; or
  2. declared inadmissible, then the Minister of Law and Human Rights rejected the application. 

Appeal / Banding

Against refusal, the applicant or his attorney may appeal in writing to the Trademark Appeal Commission with the reasons and pay a fee. The grounds of the appeal do not constitute an improvement or refinement of the rejected application. 

 

Appeals are filed within a period of no more than 90 working days from the date of sending the rejection notice. 

 Baca Juga : PENTINGNYA KERAHASIAAN DALAM PERUSAHAAN

The Trademark Appeals Commission will examine and decide the appeal within a period of not more than 3 months from the date of receipt of the application, where the award may be: 

  1. granting the appeal, then the Minister of Law and Human Rights will issue a trademark certificate;
  2. rejecting an appeal, against which the applicant or his attorney may file an objection in the commercial court within a period of not more than 3 months from the date of receipt of the rejection decision.

The process to register trademark in Indonesia may be performed through the website of Directorate General of Intellectual Property Rights by following the steps and forms provided online through : https://merek.dgip.go.id/ and with the procedures of registration as information provided in https://www.dgip.go.id/menu-utama/merek/syarat-prosedur

The price of new registration of Trademark is for IDR 1.800.000,- per class.

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