Trademark is one of the most important elements in running a business. Trademarks contains economic value and can be qualified as an asset that must be secured to ensure business sustainability. By having a trademarks, entrepreneurs may promote their goods or services easier because Trademark will distinguish their goods and services from other goods and services of the same kind and make the customer recognized the enterpreneurs’s goods and services well.
In Indonesia, Trademarks protection is acknowledged in Law No. 15 of 2011 concerning Marks (“Trademarks Law”) which adopting ‘First to File’ regime. That regime means the first person to file trademarks application will own that trademarks and attached rights once the registration is granted. The consequences of that is, other enterpreneurs are not permitted to use that registered trademarks and not permitted to register it to authorized institution.
Therefore it is important for enterpreneurs wishing to run business in Indonesia to register their trademarks because no matter how popular their trademarks in the world, if their trademarks is not yet officially registered in Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights (“IP Department”), their trademarks will not be acknowledged in Indonesia.
Trademarks Law defines the Trademarks as a sign in the form of picture, name, word, letters, figures, configuration of colors and divides it into three categories which are: Trademarks, Service Marks and Collective Marks. Goods Trademark is a mark used in goods traded by somebody or several persons collectively or statutory bodies while Service Marks is used in services traded. Further, Collective Marks is used for both goods and services.
Explained in Trademarks Law the protection period of registered Trademarks is 10 years. However, the applicant must pass several registration process ranging from 9 months to 2 years until the Trademarks Certificate is issued by the IP Department in which the Officials will conduct trademark examination (administrative and substantive).
Further, Indonesia also acknowledges registration application with Priority Rights. Priority right is a right of an applicant to submit an application originating in countries which join the Paris Convention for the Protection of Industrial Property (“Paris Convention on Intellectual Property”)or the Agreement Establishing the World Trade Organization (WTO) to secure recognition that the date of receipt in countries of origin constitutes the priority date in the destination country which is also a member country of the two agreements, as long as the submission is done in the period already determined on the basis of the Paris Convection for the Protection of Industrial Property.
Please be noticed that the application with a priority right shall be filed within a period of 6 (six) months at the latest, commencing from the first filing date of the application in another country, which is a member of the Paris Convention. Further, if the the registration application with Priority Rights is not complete administratively and the applicant can not complete it within 3 (three) months, then the application will be processed with regular registration scheme.
The following is requirements to obtain Trademarks in Indonesia:
- Filling application form containing following information:
1. The date, month, and year of application
2. Complete name, nationality and address of applicant
3. Complete name and address of proxy, if the application is filed through a proxy (the proxy must be an Intellectual Property Rights)
4. Colours, if the Trademark uses colour elements
5. Country and filling date of the original application, if the application is filed with Priority Right (the original application form should be translated to Indonesian Language)
- Power of Attorney with specific information about the class of the goods or services (if the application is filing through a proxy)
- The receipt of payment fee
- Statement Letter with duly stamped paper describing that the Trademarks is owned by the applicant
- Article of Association of Company (if the applicant is an a Company)
- 5 (five) trademark etiquettein hardcopy version and its softcopy version in the CD (the format must be in JPG)
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