.
TRADE MARK
.
We assisting client on filing new application, conducting trademark search to determine the availability of trademarks and service marks for registration, responding to office actions, filing renewal application, recordal of assignment of trademark, recordal of change of name and/or address, oppositions, cancellations, invalidations and dealing with infringement litigation, appeals, portfolio management and license agreement.
The following are the initial information regarding Trademark:
What is a Mark ?
Mark is a sign in the form of a word, picture, name, figures, letters, composition of colors, or a combination of these elements, it has distinguishing features and it is used in the activities of trade of goods or services.
What is a Trade Mark ?
Trade Mark is a Mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kind.
What is a Service Mark ?
Service Mark is a Mark that is used for services traded by a person or by several persons jointly or a legal entity to distinguish the services from other services of the same kind.
Marks that are rejected and Marks that cannot be registered :
1. A Mark should not be registered on the basis of an application with bad faith.
2. A Mark shuld not be registered if it has the following elements:
a. Contradicting with public order, morality of religion, ethics, and the prevailing rules and regulation;
b. It has no distinguishing features;
c. It has become public property; or
d. Constituting information or related to the goods or services for which registration is filed for registration.
3. An Application of Mark should be refused by the Directorate General if the Mark:
a. having a similarity in its essential part or in its entirety with a Mark owned by another party which has previously been registered for the same kind of goods and/or services.
b. having a similarity in its essential part or in its entirety with a wellknown Mark owned by another party for the same kind of goods and/or services.
c. having a similarity in its essential part or in its entirety with a known geographical indication.
d. The provision as referred to in poin 3 (b) is also applicable to goods and/or services which are not of the same kind, provided that it fulfils certain conditions that will be further regulated by Government Regulation.
4. An Application of Mark shall also be refused by the Directorate General if the mark:
a. constituting or resembling to the name of a legal entity belonging to another party, photograph, or the name of a famous person, except with a written consent of the entitled party;
b. constituting an imitation or resembling to an abbreviation of a name or name, coat of arms, flag or an emblem or symbol of a state, or of a national or international institution, except with a written consent of the competent authority;
c. constituting an imitation or resembling to a stamp or seal or official sign used by a state or a government institution, except with a written consent of the competent authority.
How long is the term of mark protection ?
A registered Mark is granted legal protection for a period of 10 (ten) years as from the filing date and the protection can be extended for the same period.
What are the requirements to file a patent application ?
1. Signed Power of Attorney;
2. Simply signed Declaration;
3. Specimen of mark;
4. Priority document, for application with priority right.
Procedure of Trademark Application in Indonesia:
Upon filing a trademark application, the Directorate General of Intellectual Property (DGIP) will conduct a formal examination for checking the completeness of administrative and physical requirements within 30 (thirty) days as from the filing date of application at the latest. The application will then enter into substantive examination stage for the period of 9 (nine) months. An allowed application will be published in the Official Trademark Journal for the period 3 (three) months for opposition purposes. If no opposition is raised by the other party, the DGIP will issue the certificate of registration.
Download Flowchart for Trademark Application
Source: Law Of The Republic Of Indonesia No. 15 Year 2001 regarding Marks
For further information regarding recordal of assignment of trademark, recordal of change of name and/or address, renewal of trademark registration, opposition, cancellation/revocation of trademark, eradication / deletion of trademark, license of trademark, and other matters related to trademark in Indonesia, including fees for handling trademark matters, please contact us at: ip@patentrustbureau.com
.
.