GENERAL COUNTRY INFORMATION
The Republic of Indonesia, located in the Malay Archipelago, is the largest archipelagic state in the world. The nation's 17, 508 islands are home to more than 245 million people of various ethnic and religious backgrounds. The seat of its government is based in Jakarta. Based on figures in 2006, the nation’s gross domestic product (GDP) is estimated to be around US$935 billion with a per capita of US$3,800. 

Indonesia tradeMark SYSTEM

HIGHLIGHTS

Legal basis	Law No. 15 Year 2001 concerning Marks
Major international treaties signed	Paris Convention Agreement of Establishing WTO - Uruguay Round (TRIPS Agreement) Trademark Law Treaty
Cost of obtaining a straightforward registration	Please contact us at  indonesia@mirandah.com
Average time to register a trademark	18 to 24 months
Filing and prosecution procedures	Stage 1: Filing Stage 2: Formality Examination Stage 3: Substantive Examination Stage 4: Publication Stage 5: Opposition (if any) Stage 6: Registration
Registrable marks	A sign in the form of a picture, name, word, letters, numerals, composition of colors, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services
Number of classes	45 in line with the Nice Classification
Multiple class filing	Not available (awaiting for the Implementing Regulations)
Filing of series marks	Not Available
Necessary documents	Power of Attorney and Statement of Mark Ownership
Electronic filing	Not available
Common objections	Deceptiveness  Bad faith Prior conflicting rights  Non-distinctiveness Descriptiveness
Opposition term	3 months from publication
Duration of protection	10 years from the date of registration and renewable
Restoration of lapsed trade mark	Not available
Compulsory period of use to avoid cancellation action	3 consecutive years from the date of registration or from the date of the last use
Parallel Imports	Not regulated
Use	Not necessary for filing purposes as an application but necessary for the renewal application
Useful links	www.mirandah.com www.dgip.go.id

ENFORCEMENT

HIGHLIGHTS

Outline of the enforcement steps	Civil Infringement pursuant to the Law No. 15 Year 2001 concerning Marks Revocation pursuant to the Law No. 15 Year 2001 concerning Marks Deletion actions pursuant to the Law No. 15 Year 2001 concerning Marks Criminal Trademark counterfeit/infringement pursuant to the Law No. 15 Year 2001 concerning Marks Border Measures
Civil Remedies	Injunction  Damages
Criminal Sanctions	Trade Description Order  Monetary fines or imprisonment or both Border Measure  Seizure; detention; forfeiture of counterfeit trademark goods
Others
Time frame for various legal actions	Revocation: 4 - 7 months for first instance and 4 - 7 months for Cassation Infringement proceedings (civil case): 4 - 7 months for first instance and 4 - 7 months for Cassation
Alternative dispute resolution	Mediation Arbitration Conciliation
Specialized courts for IP	No

OTHER INFORMATION

Application and Registration Of Trade Marks & Service Marks From 2000 to 2006

Year

Application

Registration / Refusal

	Local	Foreign	Total	Registered	Refused	Withdrawn
2001	26128	12520	38648	35878	3969	117
2002	20423	9581	42416	23356	2421	84
2003	28317	8023	46947	35351	3527	83
2004	35626	13685	49311	23187	3044	16
2005	30734	10082	54651	28404	3563	94
2006	36644	16005	54250	24677	6291	105

Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.