According to the Indonesian Trademark Law, “mark shall mean a sign in the form of a picture, name, word, letters, figures, composition of colors, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services”.
Once filed, the application shall be examined by Indonesian Trademark Office and this examination will be completed within 9 months at the latest.
The absolute grounds for refusal are:
- The application has been filed with bad faith;
- The application is in contradiction with the prevailing rules and regulation, morality of religion, or public order;
- It has not distinguishing features;
- It has become public property;
- It constitutes information or related to the goods or services for which registration is requested.
The relative grounds for refusal are:
- The application is similar to or identical with a prior registered trademark in relation to similar goods or services;
- The application is similar to or identical with a well-known trademark in relation to similar or dissimilar goods or services;
- The application is similar to or identical with geographical indication already known;
- It constitutes or resembles with the name of a famous person, photograph, or the name of a legal entity belonging to another party, except with a written consent from the entitled party;
- It constitutes an imitation or resembles with a name or abbreviation of a name, flag or coat of arms or a symbol, or an emblem of a state, or of a national or international institution, except with a written consent from the competent authority;
- It constitutes an imitation or resembles with an official sign or seal or stamp used by a state or a government institution, except with a written consent form the competent authority
In case the Indonesian Trademark Office issues a provisional refusal, the applicant can file a reply within 30 days from the receipt of the notification.
If no provision refusal is issued or the same is overcome, the application is published and third parties have three months (starting from the date of publication) to oppose the application.
Normally, it takes approximately from 15 to 24 months for a trademark application to mature into registration.
After registration, it is compulsory to use the mark and if it is not used for 3 (three) consecutive years, it may be expunged from the Trademark Register through the “Deletion Action” which may be initiated either by the Indonesian Trademark Office ex-officio and by any interested third party.
A registered trademark protection shall be valid for a period of ten years from the filing date and renewable for another ten years by filing a trademark renewal.