Indonesia
| Legal Basis | Law No. 20 of 2016 concerning Trademark and Geographical Indications effective 25 November 2016. |
| Major international treaties signed |
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| Cost of obtaining a trademark | Please contact us at indonesia@mirandah.com |
| Average time to obtain a trademark | 12 to 18 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: Publication Stage 4: Opposition (if any) Stage 5: Substantive Examination Stage 6: Registration Stage 7: Renewal |
| Number of classes | 45 (11th Edition Nice Classification) |
| Multiple class filing | Available |
| Filing of series marks | Available – as long as proprietor/applicant is the same party |
| Necessary document for filing | Power of Attorney Priority document and sworn translation (for application claiming priority) |
| Common objections | Deceptiveness Bad faith Prior conflicting rights Non-distinctiveness Descriptiveness |
| Extension of office action deadlines | Not available |
| Publication term for opposition filing | 2 months |
| Term of trademark protection | 10 years (renewable) |
| Restoration of lapsed trademark | Not available |
| Parallel Imports | Not available |
| Minimum period of use to avoid non-use cancellation action | 3 years (continuous) |
| Useful links | www.dgip.go.id and https://pdki-indonesia.dgip.go.id/ |
| Infringement offence | Available |
| Specialised courts for IP | Not available |
| Outline of the enforcement steps | Civil Infringement pursuant to the Law No. 20 Year 2016 concerning MarksCriminal Trademark counter/infringement pursuant to the Law No. 20 Year 2016 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 |
| Availability of damages and other relief for infringement | Revocation (Cancellation Action) |
| Civil Remedies | Injunction Damages |
| Criminal Sanctions | Trade Description Order Monetary fines or imprisonment or bothBorder Measure Seizure; detention; forfeiture of counterfeit trademark goods |