Trade Marks Registration in Indonesia

2009

Remidian Bahureksa

Approved By:
‐ Radi A. Juremi.

[TRADE MARKS
REGISTRATION IN INDONESIA]
Reproduction, Republication, and/or Changing the Content for any Commercial
Purposes is Prohibited. For Educational Purpose is Permitted, with notification
to info@remidian‐bahureksa.com

FOR MORE INFORMATION OR TRADE MARKS
REGISTRATION SERVICES, PLEASE DO NOT
HESITATE TO CONTACT US.

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TRADE MARKS REGISTRATION IN INDONESIA
1. Basic
• Mark basically means sign/insignia which takes form of picture, name, words, letters,
numbers, and composition of colors or combinations of aforementioned elements which
possesses distinguishing characteristics and are to be utilized in activities that related to
goods/services trade.
• Trade Mark means a mark which is utilized for goods (which are to be traded) for
differentiation with other goods of same kind.
• Service Mark means a mark which is utilized for services (which are to be traded) for
differentiation with other services of same kind.
• Collective Mark means a mark which is utilized for goods and/or services with the same
characteristics (which are to be traded) for differentiation with other goods and/or services
of same kind.
• License means a permit which is given by the holder of rights (to the registered mark) to
another party through an agreement based upon “Granting of Right” (Not Transfer of Right)
for exploitation of mark, both for all or part of kinds of goods and/or services which are
registered for certain period of time and upon certain conditions. (Please read the Licensing
section below or see the Law No. 15 of 2001 concerning Marks)
• Application means a request for registration of mark which is submitted in writing to the
Directorate General of Intellectual Property Rights (Direktorat Jenderal Hak Kekayaan
Intelektual/DITJEN HKI).
• Applicant means party who submits the application of abovementioned.
• Geographical Indication means insignia/signs which show the area of origin of certain good
which, because of geographical environmental factors, including natural factors, human
factors or combination of those two factors, give certain characteristic and quality to good
which is produced. (Please read the Exception of Geographical Indication section below or
read the Government Regulation No. 51 of 2007 concerning Geographical Indications)
Scope of Right in Marks:
Rights in marks are exclusive rights which are granted by the State to the mark owners which are
registered in the General Registry/List of Marks for certain period of time for utilization by the
holder of the mark itself of for utilization by another party to whom permission for the utilization of
mark has been granted.
Principles of Mark:
a. Protection to all marks that already registered;
b. Does not have any similarity in overall;
c. Popular or “Well Known” mark is already protected by law without any registrations;
d. Geographical Indication.
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General and Legal Services Bureau
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Term of Protection:
Legal protection for registered marks is given for ten (10) years, counted from the date of receipt of
the registration of mark.
The extension of the ten (10) years period of protection is available upon extension application as
long as the marks is being used in the trade (of goods/services) activities.
Rejection of Application:
The Directorate General of Intellectual Property Rights is obliged to reject any applications which
contained any of these criteria’s:
a. Contain a basic or complete resemblance to another mark which is possessed by another
party and which has already been previously registered for the same type of goods and/or
services.
b. Contain a basic or complete resemblance to a “Well Known Mark”, possessed by another
party for the same type of goods and/or services.
c. Contain a basic or complete resemblance to a “Well Known Geographical Indication”.
d. Resembles names of “Well Known Individuals”, Photographs or names of legal entities
belonging to others, except if there is written agreement from the entitled person.
e. Constitutes Copy or resembles name or the abbreviation of name, flag, emblem, or symbol
of state or of national or international agency, except if there is some written agreement
from the authorized party.
f. Constitutes copy or resembles official sign or stamp or insignia used by Government
Institution, except if there is written agreement from the authorized party.
Exceptions of Geographical Indication:
Geographical Indications are subject to protection.
Geographical Indications may be protected after registration on basis of requests by:
a. Institutions that represent the community in the area of production of the relevant goods
which consists of:
‐ Parties who exploiting goods which take form of products of nature or natural wealth.
‐ Producers of agricultural products;
‐ Producers of handicrafts;
‐ Traders who sell goods.
b. Authorized Institutions; or
c. Consumer Groups of the related goods.
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Transfer of Rights:
Rights in registered marks may be transferred by:
a. Inheritance;
b. Testamentary Disposition;
c. Donation;
d. Agreement;
e. Other manner or arrangements which are condoned by the provisions of law.
Request for a recordation of the transfer of rights in marks into the General Registry/List of Marks
must be submitted to the Directorate General of Intellectual Property Rights (DITJEN HKI).
Licensing:
Every holder of rights to registered marks are vested with right to grant license to other parties
through agreement that receiver of license will exploit mark for part or all of kinds of goods or
services.
License Agreements are effective throughout the entire territory of the Republic of Indonesia, unless
otherwise agreed, for period of time which is not longer than period of time of protection of
registered mark.
(Please note that any License agreements that are not recorded or registered to the Directorate
General of Intellectual Property Rights do not have any legitimate power to third parties. Which
means does not have any legal effects.)
Registration Deletion:
Registered marks may be deleted from the General Registry of Marks upon:
a. Initiative of Directorate General of Intellectual Property Rights;
b. Application of relevant holders of rights to mark;
c. Submission by third parties of lawsuit to the Commercial Court.
Claims of Cancellation:
Interested parties may file claims for cancellation of registration of mark if the registration:
a. Is based upon application which has been submitted by the applicant in bad faith;
b. Does not possess distinguishing characteristics;
c. Contravenes the provisions of law in effect, religious morality, decency or public order;
d. Contain basic or complete resemblance to mark, rights in which are held by another party
and which has already been previously registered for the same type of goods/services;
e. Has already become a public domain;
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f. Takes form of information or relates to goods or services for which registration has already
been applied;
g. Contain basic or complete resemblance to “Well Known” mark, rights in which are held by
another party and which has already been previously registered for the same type of
goods/services;
h. Contain basic or complete resemblance to “Well Known” Geographical Indication.
The claims for cancellation of registration of mark are filed by interested parties with commercial
court.
(Please Note that the Cancellation Claims may only be filed within period of five (5) years, counted
from the date of registration of mark, unless if the claims are based upon contravention of religious
morality, decency or public order.)

2. Regulations.
a. Law No. 15 of 2001 concerning Marks;
b. Government Regulation No. 7 of 2005 concerning Organizational Structure, Duty and
Function of the Mark Appeal Commission;
c. Presidential Regulation No. 20 of 2005 concerning Application Procedure, Inspection, and
the Settlement of Mark Appeal;
d. Government Regulation No.2 of 2005 concerning Intellectual Property Rights Consultants;
e. Government Regulation No. 51 of 2007 concerning Geographical Indications.

3. Procedures and Requirements.
The Procedures:
• An application that has fulfilled all requirements will proceed to the step of substantial
examination. The examination would take 9 months. If the mark can be registered and have
gotten approval after the 9 month's substantial examination, the mark will be published
within 3 months. In the period of publication, any party may file a complaint or objection
against the registration of mark. The registrar would then re‐examine the mark, if there are
no objection the registrar will grant a Mark Certificate to the applicant within 30 days.
The Requirements / Documents you’ll need:
a. Power of Attorney;
b. Statement of mark owner;
c. A copy of:
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‐ Corporation Deed or Article of Incorporation.
‐ Statement or Official Gazette.
‐ Applicant / CEO's ID (State ID card, Driver's License).
d. Mark Etiquette that would be filed 35 pages (Actually only need 28, but for pre‐caution).
‐ Corporation Deed.
‐ Statement of Nation State (Official Gazette).
‐ Applicant / CEO's ID (State ID card, Driver's License).

++ END ++

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