Frequently Asked Questions Trademark

Is there a time frame for the trademark registration approval?

  • The average time frame for the registration approval is 36 months, if no objections or oppositions arise.

If I register my trademark in Indonesia, do I have protection in other territories?

Do I need to sign a Power of Attorney?

  • Yes, a power of attorney is required in securing a filing date.

Are there any benefits from a pre-filing use of the trademark?

  • There are no benefits from a pre-filing use of a mark.

Will there be problems in case I don’t use my trademark after registration?

  • Yes, cancellation on the ground of non-use is available.

What are the types of trademark that can be registered in Indonesia?

  • names
  • words
  • devices
  • slogans
  • colours
  • holograms
  • trade dress/get-up
  • some non-traditional marks*
  • collective marks
  • service marks

What are the phases of application after a trademark has been filed in Indonesia?

What type of trademark is not registrable?

  • generic terms
  • marks that are against moral standards or public order
  • marks without acquired distinctiveness
  • symbols, names or flags of nations, states, regions, or of international organizations

Does Indonesia use the “Nice Classification” system?

  • Indonesia uses the Nice Classification System.

Does the Community Trademark apply for Indonesia?

  • Indonesia does not follow the European Union Trade Mark registration or the Community Trade Mark registration.

Is there any possibility to claim priority in Indonesia?

  • Priority application is possible to claim if:

    • the applicant’s home country is a member of the Paris Convention

    • the home application was filed within six months prior to application in Indonesia

What do I need to do to satisfy the use requirement?

  • A trademark must be used within three years calculated from the registration date.

     

    The amount of use is not yet defined but it must occur in Indonesia.

Once my trademark has been registered, for how many years will be valid?

  • The initial term of a registration is 10 years calculated from the filing date.

What will be the renewal date of my trademark?

  • The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

  • Unregistered marks are legally permitted to be used for any goods or services.

If you have any questions about Procedures for registering Trademarks in Indonesia, please email or chat us directly on business days.

RFPlawyer Trademark is Intellectual property rights consultant in Indonesia

Email: @rfplawyer.com

Phone/WA: +62 896-1646-2123

 

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RFP LAWFIRM
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Banten 15226, 021-27565003, info@rfplawyer.com

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