2018
Trademarks

Our Advocates and IP Consultants provide a comprehensive range trademark advisory services, including filing strategies, availability of marks for registration and/or use, portfolio management, prosecution, and dispute resolution at all levels of office. Sophisticated and secure information technology solutions and high quality-assurance standards ensure we provide our clients with the best possible service. 

Indonesia has adopted a first-to-file system for registration for trademarks, which means protection based on prior use is not available.

Indonesia is a WTO member – trademark laws are TRIPS compliant, and the Trademark Office uses the International Classification of Goods and Services under the Nice Agreement.  The Trademark Office charges an additional official fee per good/service applied for beyond an allowance of three goods/services per application.

Multi-class applications can be filed with the Trademark Office, but are relatively new and there can be significant administrative delays in the event of office action and/or opposition.
 
Registration of a trademark takes 18 to 24 months from filing, assuming no office actions or oppositions. Trademarks are substantively examined by the Trademark Office before publication, and again after in the event an opposition is filed by a third party.

Registrations are valid for 10 years, and can be renewed for consecutive periods of 10 years.

Documents required to support each trademark application are:

  1. Power of Attorney (simply signed, notarisation or legalisation necessary);
  2. Declaration of Ownership (simply signed, no notarisation or legalisation necessary);
  3. If priority is claimed, a certified copy of priority documents (to be submitted within 6 months of the first filing date abroad, translation required for documents in languages other than English); 
  4. 30 prints of the applied mark, measuring between a minimum of 2 cm x 2 cm and maximum of 9 cm x 9 cm; and
  5. Application form (prepared by SKC Law) including description of goods/services for which protection is sought.
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