In order to obtain trademark rights in Indonesia, the trademark necessarily has to be registered, as it is a “first-to-file” jurisdiction. However, in exceptional cases, well-known trademark can be protected even if they have not been filed yet.
Trademark applications must be filed with the Directorate General of Intellectual Property (DGIP) of the Ministry of Law and Human Rights.
A trademark does not have to be in use to be filed or registered. However, it must be used within the three (3) years following the date of registration of the mark or it will become vulnerable to cancellation action for non-use or expungement by the trademarks office.
Before the trademark is examined by the Trademarks office, the trademark application will be published in the official journal. Interested third parties will then have a period of two (2) months starting from the publication date in which to file an opposition action against the application.
If you register a combined trademark (which includes both word elements and figurative elements) in Indonesia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Indonesia (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
In Indonesia, it is not possible to transfer ownership of a trademark application. Trademark assignments (transfers) can only be done for trademarks that have been effectively registered.
Trademarks in Indonesia are valid for a period of ten (10) years starting from the application date and can be renewed for indefinite consecutive periods of ten years. The renewal can be requested as early as twelve (12) months before the expiration date.
There is no grace period for renewal in Indonesia; if the trademark is not renewed before the expiration date, then a new, independent application will have to be filed in order to obtain protection for the trademark.
A trademark registered in Indonesia does not grant trademark protection in East Timor.