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TRADEMARK REGISTRATION IN INDONESIA

Trademark Registration in Indonesia

Indonesia joined the Madrid Protocol on October 2, 2017, facilitating international trademark registration. Indonesian Trademark Law protects traditional and non-conventional marks like holograms, 3-D marks, and sound marks. Trademarks for Indonesian entities must use the Indonesian language unless they are foreign-licensed (PR 63/2019). The Directorate of Trade Marks and Geographical Indications under the DGIP oversees trademark registration.

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Key Points:First-to-File Rule: The first registrant has exclusive trademark rights (Article 20, Trademark Act 2016)

STEPS TO REGISTER A TRADEMARK

Trademark Consultant

Foreign applicants must register through a legal consultant by signing a "Power of Attorney" and a "Declaration of Entitlement.

Trademark Search

Conduct a search to ensure compliance with Indonesian laws and avoid conflicts with existing trademarks.

Trademark Filing

​Submit the application to the Directorate General of Intellectual Property. Once approved, the trademark is registered.

REQUIRED DOCUMENTS

Completed trademark application form.

Trademark design or logo.

Power of Attorney (for foreign applicants).

Declaration of Entitlement.

Relevant business or personal identification documents.

The applicant should be ready with the subsequent documents:
 

  • Application form, with the stipulated form fee, The form must include.

  • Credentials of the applicants including Complete name along with proxy’s address, when the application is made by proxy.

  • Description of the mark (if the requested trademark contains a colour element or a combination of such colours).

  • nation and date of first acceptance of the application, where priority rights are claimed by the applicant.

  • Specifications of the applicable classes and/or services under the WIPO Nice Agreement Concerning the International Classification of Goods and Services, List of products or services as per the NICE classification.

  • Three-dimensional markings' characteristics (if applicable). In the case of a sound mark, both recording and musical notation.

  • Clear copies of the mark.

  • Marks having non-English words should be accompanied by a licensed translation of the same.

  • Power of attorney.

  • Statement of mark ownership.
     

It should be noted that since 2019, e-filing is that the only acceptable method of filing in Indonesia.

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