Indonesia is the 16th largest economy in the world and the largest economy in the Association of Southeast Asian Nations (ASEAN).
The specialized agency of Trademark in Indonesia is Trade Mark Office (TMO) under Directorate General of Intellectual Wealth, Ministry of Law and Human Rights (DGIP).
▲Ways to apply for a trademark in Indonesian
Single country application
Apply through the Madrid trademark
1. Company application: Copy of certificate of incorporation
Individual application: ID card copy with front and back.
2. Applicant's name and address with Chinese and English
3. A clear graphical representation of the trademark
4. Classes of trademark applications and goods / services(※According to Nice Classification)
5. Power of attorney
5. Affidavit
▲ Application time for Indonesia trademark
About 12-18 months
▲ Application process of Indonesia trademark
1. Application
After submitting the required documents and fees, an application receipt will be received.
2. Formal examination
After the trademark application is submitted, TMO would examination whether it meets all the formal requirements and whether there are conflicting previous cases. If there is a rejection reason, a notice will be sent and the applicant shall reply within 30 days.
3. Announcement
After the formal examination by TMO, it would enter a two-month announcement period. During this time, anyone could file an opposition.
4. Substantive examination
If there is no opposition, a substantive examination will be conducted about 5 months.
5. Registration
If there isn't an unregistrable reason, DGIP would issue a "Trademark Registration Certificate"
▲Notice of Indonesia trademark
1. A trademark registration is valid for 10 years from the date of registration and could be renewed for 10 years before the expiry date. The renewed date starts 6 months before the expiration, and the grace period is within 6 months after the expiration.
2. Pay attention to the difference in renewed fees. There are different fees for submit before 6 months expiration date and submit within 6 months after expiration date.
3. After registration, the trademark will not be used for 3 consecutive years without justifiable reasons. DGIP and anyone could file a trademark revocation.
▲ Application procedure of Madrid trademark
1. After the applicant submits the application to the original country, the intellectual property bureau of the original country submits the application to WIPO for examination.
※Because Taiwan isn't an agreement or negotiated country for Madrid trademarks, Taiwan companies or individuals who want to apply for Madrid trademarks need to have the trademark of one of the Madrid Agreement countries as the basic case (usually based on China) before applying.
※Notice: if the basic case is rejected, Madrid trademark registration cannot register.
2. If the application meets the requirements, WIPO will register the trademark in the international register book and publish it. Then, WIPO will notify the office of each designated Party for examination. Generally speaking, since Indonesia receives the application, the time required for registration is 18 months (Protocol Relating to the Madrid Agreement). The international trademark right is valid for 10 years.
