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Trademark System in Indonesia |
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 245.6 million people of various ethnic and religious backgrounds. The seat of government is based in Jakarta. Based on figures in 2010, the nation's gross domestic product (GDP) is estimated to be around US$970.6 billion with a per capita of US$4,200.
| Legal basis |
Law No. 15 year 2001 concerning Trademark effective 1 August 2001 |
| Major international treaties signed |
Paris Convention effective 24 December 1950
Trademark Law Treaty effective 5 September 1997
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
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| Cost of obtaining a trademark |
Please contact us at indonesia@mirandah.com
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| Average time to register a trademark |
18 to 24 months |
| Official language for trademark prosecution |
Bahasa Indonesia |
| 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 |
| 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
Stage 7: Renewal
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| Number of classes |
45 |
| Multiple class filing |
Available |
| Filing of series marks |
Not available |
| Necessary document for filing |
Power of Attorney
Statement of Mark Ownership
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| Common objections |
Deceptiveness
Bad faith
Prior conflicting rights
Non-distinctiveness
Descriptiveness
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| Extension of office action deadlines |
Available |
| Opposition term |
3 months (extendible) |
| Term of trademark protection |
10 years (renewable) |
| Restoration of lapsed trade mark |
Not available |
| Parallel Imports |
Not available |
| Minimum period of use to avoid non-use cancellation action |
3 years (continuous) |
| Useful links |
Trademark Lawyers Agents in Indonesia
www.dgip.go.id
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| Infringement offence |
Available |
| Specialized courts for IP |
Not available |
Outline of the
enforcement steps |
Civil
Infringement pursuant to the Law No. 15 Year 2001 concerning Marks
Criminal
Trademark counter/infringement pursuant to the Law No. 15 Year 2001 concerning Marks
Border Measures |
| Relief against groundless threats |
Not available |
| Declaration of non-infringement |
Not available |
| Preliminary injunctions |
As per below |
| Time frame for various legal actions |
Infringement proceedings (civil case): 4 to 7 months for first instance and 4 to 7 months for Cassation
Revocation: 4 to 7 months for first instance and 4 to 7 months for Cassation |
| Alternative dispute resolution |
Mediation
Arbitration
Conciliation
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| Availability of damages and other relief for infringement |
Revocation (Cancellation Action) |
| Civil Remedies |
Injunction
Damages
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| Criminal Sanctions |
Trade Description Order
Monetary fines or imprisonment or both
Border Measure
Seizure; detention; forfeiture of counterfeit trademark goods |
Statistics on Application and Registration Of Trade Marks & Service Marks From 2000 to 2010
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|
Domestic
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Foreign
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Total
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Registered
|
Refused
|
Withdrawn
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|
2000
|
10242
|
4599
|
14841
|
22098
|
923
|
180
|
|
2001
|
26128
|
12520
|
38648
|
35878
|
3969
|
117
|
|
2002
|
20423
|
9581
|
30004
|
23356
|
2421
|
84
|
|
2003
|
28317
|
8023
|
36340
|
35353
|
3527
|
83
|
|
2004
|
35626
|
13685
|
49311
|
23187
|
3044
|
16
|
|
2005
|
30734
|
10082
|
40816
|
28404
|
3563
|
94
|
|
2006
|
36644
|
16005
|
52649
|
24677
|
6291
|
105
|
|
2007
|
32181
|
11078
|
43259
|
34165
|
11519
|
142
|
|
2008
|
33555
|
14051
|
47606
|
26543
|
11519
|
-
|
|
2009
|
34037
|
4796
|
38833
|
25087
|
9102
|
-
|
|
2010
|
43269
|
104525
|
392307
|
35774
|
8668
|
-
|
(Source: Directorate General of Intellectual Property Rights, Indonesia)
Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.
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