08-07-2012 (Newsletter Issue 12/12)
The Indonesia Intellectual Property Office (“IIPO”) & corps annouced that it will be closed , as follows:
17 August 2012 in respect with Independence Day; and
20 August until 22 August 2012 in respect with Celebration of Eid Ul Fitr 1433 H.
All official deadlines shall be considered as fall on the next working day.
Source: AMR Partnership, Indonesia
07-30-2012 (Newsletter Issue 12/12)
10th Edition of Nice Classification
The Indonesian Trademark Office has adopted the 10th Edition of Nice Classification.
Source: Simonian IP, USA
08-18-2009 (Newsletter Issue 2/09)
Official Fees for Trademark Matters Revised
On May 28, 2009, the Indonesian government issued Government regulation No. 38 of 2009, which took effect June 3, 2009.
The new regulation includes several major changes to the official charges for trademark prosecutions:
The official charge for filing a trademark application is no longer calculated on a lump sum basis. Filing new trademark application (for up to 3 items in the specification of goods/services) was raised from IDR 450,000 to IDR 600,000 (about EUR 42.00). An additional fee for each item exceeding the 3rd of IDR 50,000 (approx. EUR 3.50) has been introduced.
Further, a fee of IDR 100,000 (approx. EUR 7.00) for issuance of registration certificate is imposed. This new charge will apply only to Certificates of Registration issued from June 3, 2009, onward; for those issued before that date, there will be no official charge.
Legal basis is the Trademark Act of August 1st, 2001.
Trademark protection is obtained by registration.
Indonesia follows the first-to-file system.
Nice classification, 10th edition
Registrable as a trademark are all distinctive names, devices, words or characters, pictures, symbols, composition of colours or their combinations.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Directorate General of Intellectual Property Rights.
Multi-class applications have been possible since March 2007. Each multi class application can cover 45 classes of goods and/or services. But the basic official fee covers only 3 items of goods/services for each class. There is a surcharge for additional item of goods/services.
Foreign applicants must file an application via a local trademark agent appointed as their proxy. A non-legalised power of attorney and Declaration are the formal documents for filing.
International Registration is not yet applicable in Indonesia.
The application process: Formality examination (3 months), Substantive examination (9 months), Publication (3 months), Registration. Time frame for registration (smooth sailing) is approximately 1,5 years. If office action is raised, applicant only has 30 days as from date of receipt of the notice.
The opposition period is 3 months from publication of the trademark application.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.
A trademark registration is valid for 10 years from filing date. The registration is renewable for periods of 10 years.
Late renewal is not possible. Therefore there is no grace period for renewals.
A trademark will be vulnerable to non use cancellation if not being used for 3 consecutive years as from the registration date or last usage.
The official fee is IDR 600,000.00 (approx. EUR 42.00) for up to 3 items in the specification of goods/services. An additional fee of IDR 50,000 (approx. EUR 3.50) for additional item exceeding 3 is chargeable.
Trademark Licence Agreement
In Indonesia a trademark licence agreement has to be in writing. Licensing of unregistered marks is not permitted. A trademark may be licensed for some or all of the goods or services covered. The licence agreement is valid for the entire territory of the Republic of Indonesia, unless otherwise agreed upon by the parties. A transfer of rights of a registered trademark does not automatically terminate the licence.
There are statutory provisions prescribing the terms of licensing:
1. The licensor shall continue to be allowed to use the mark himself or to give licence to another third party
2. A licence agreement may provide that the licensee may sub-license the mark to third parties.
3. A licence agreement must not contain provisions which directly or indirectly give rise to effects which may damage the Indonesian economy or contain restrictions which may obstruct the ability of Indonesian people to master and develop the technology in general.
There are mandatory provisions in law for the recordal of a licensee with the Trademark Office. According to relevant provisions of Indonesian Trademark Law, the recordal of a licence agreement must be requested at the Directorate General with the payment of a fee. The legal consequences of the recordal of a licensing agreement apply to all parties concerned, as well as to third parties. There is no time frame for a recordal. There is no prescribed form or content for a licence agreement but it has to be in writing.
No further documents are required for purposes of a recordal
A licence agreement will become effective and enforceable against third parties when it is recorded by the Directorate General in the General Register of Marks. Recordals are published in the Official Gazette of Marks. Procedural regulations for the recordal of a licence agreement are not yet available, with the effect that applications for recordal are suspended until establishment of the government regulation
There is an evidentiary presumption that use by a recorded licensee is permitted use. The licensee may join the trademark owner in infringement proceedings. According to Indonesian Trademark Law a lawsuit against the infringement of a mark may also be filed by a licensee, either independently or together with the owner of the relevant mark.
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We would like to thank the following law firms for their assistance in updating the information provided:
Acemark Intellectual Property, Jakarta, Indonesia
Pacific Patent, Jakarta, Indonesia
Pacific Patent, Jakarta, Indonesia