Get information on the stages of the Indonesia trademark registration process for your registration to go smoothly. Registering a product or company trademark in Indonesia provides a number of business and legal benefits. However, many find the process complicated and worrying. You can have a free consultation by email cs@patendo.co.id or please visit our website at patendo.co.id
Trademarks are an invaluable asset for brands. Consumers often choose products based on brands they know and trust. That is why it is very important to protect that identity through trademark registration.
The Indonesia trademark registration process is managed by the Directorate General of Intellectual Property DGIP or the Indonesia Trademark Office under the Ministry of Law and Human Rights. Trademark owners will receive a certificate as proof of exclusive rights for 10 years which can be continuously renewed.
Initial Application Requirements
Before applying for registration, make sure you prepare the following documents and data:
- Applicant's name, address and citizenship
- Trademark logo or label in digital file form
- Specification of goods/services that will be protected by the trademark
- Priority evidence (if any) such as date of first use
- Classification of goods/services based on the Nice system
- Color description if the logo contains color elements
The completeness of these documents greatly determines whether or not an application proceeds to the next examination process. Also understand the special requirements for foreign applicants who must appoint a local legal counsel.
After the file is declared complete and valid, the Indonesia Trademark Office as the Examining Unit will begin assessing the substance of the registered trademark through 2 stages:
Ensuring completeness of documents, clarity of trademark usage instructions and payment of official fees. Applications deemed incomplete will be given the opportunity to supplement data within a certain period of time.
Assessing whether the submitted trademark meets the requirements to be registered such as distinctiveness and indication of goods/services type. Common reasons for rejection at this stage include overly common trademarks, merely describing the product, or too similar to other registered trademarks.
After passing the substantive examination, the Indonesia Trademark Office will announce the trademark through the Official Trademark Gazette. At this stage, other parties are given the opportunity to file objections or oppositions within a period of 4 months.
If there is an objection, the applicant will be given the opportunity to respond and claim trademark rights within 2 months. This process is important in order to obtain certainty before issuing the certificate.
How long does the official trademark registration process take from application to the issuance of rights? In general, assuming there are no issues, it takes the Indonesia Trademark Office approximately:
- 1 month for administrative examination
- 2 months substantive examination
- 9 months for announcement and objection period
- 1 month preparation of certificate
The average total trademark registration process completes in about 12 months. The current official trademark registration fee in Indonesia is USD 200 per class of goods/services.
Recommendations for Post-Registration Actions
Upon receiving legal validity from the Indonesia Trademark Office, there are several things that trademark registrants must pay attention to in order to maintain their full exclusive rights:
- Consistently use the ® symbol to denote registered trademarks
- Document evidence of trademark use in commerce
- Monitor violations of the mark by other parties
This is necessary considering that registration certificates are only valid for 10 years. After that, trademarks must be renewed to maintain protection in Indonesia.
That concludes a complete description of the process and requirements for registering trademarks in Indonesia. With correct understanding and proper file preparation according to guidelines, applications also have the potential to successfully pass the stage for granting exclusive rights. Hopefully this information is helpful and do not hesitate to contact our professional consultants for more guidance.
Even though the requirements are completed according to instructions, the Indonesia trademark registration process does not always automatically get approved. There are a number of common reasons for rejection that applicants should look out for:
If the Examining Unit assesses the submitted brand name or logo is too similar to another registered trademark in the same class, it is likely they will be rejected due to risk of consumer confusion.
Even if not identical in entirety, similarities in essential or dominant parts of the brand name can become obstacles. For example only adding the letter 'X' in the front but otherwise remains the same.
That is if the proposed trademark turns out to be general language or a common name for that type of goods/services. Examples: Strawberry for a strawberry scented cosmetic brand.
Therefore, it is very important to conduct a trademark availability search before applying for registration in order to select brands that are truly secure and have zero risks of rejection. Also ensure not to use generic words as trademarks.
That concludes additional information related to anticipating possibilities of rejection in the Indonesia trademark registration process. Ensure to prepare a solid strategy to get your application approved!
Patendo, an intellectual property consultant firm, is becoming the darling of trademark owners. Since its establishment in 2011, the company has been entrusted by thousands of clients, both domestic and foreign, to take care of their trademark registrations.
This is inseparable from Patendo's reputation and credibility as a registered IP consulting firm. Its legal consultants have been sworn in and appointed directly by the Minister of Law and Human Rights to provide consulting services in the fields of trademarks and other intellectual property.
"More than a decade of experience has made Patendo's consultants very adept at the trademark registration process. It's no wonder many clients are satisfied and continue to entrust their intellectual property assets to us," said the Director of Patendo when contacted by reporters.
With this reputation, Patendo's future is predicted to continue to excel in assisting the protection of trademarks and intellectual property for its clients. The indonesia trademark registration process becomes easy with Patendo, contact us now at WhatsApp number +6281291677495