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Amendments to Trademark Laws

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Jan 25, 2017 (Newsletter Issue 2/17)
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New Trademark Law in Force

The new Trade Mark and Geographical Indication Law were passed by Parliament on October 27, 2016, and went into effect on November 28, 2016.

It introduces a number of significant changes to the registration procedure, protection and enforcement of trademarks, which are for example the following:

- Publication prior to examination: The trademark application will be published, for a period of two months instead of the previous three and the publication stage will occur before the substantive examination stage.
- The new law reduces the documentary requirements to file a trademark application.
- Non-traditional marks are introduced such as holograms, three-dimensional marks and sound marks.
- Official fees of trademark application filings will now be determined based on the classes of goods and/or services covered.
- The law allows to apply for a trademark similar to a generic trademark, as long as there is a distinguishable element.
- The renewal period has been changed to six months before the expiry of the trademark and a grace period has been introduced of six months after the end of the 10-year protection period.
- New Law introduces a provision on registration of international trademarks which will enable Indonesia to adopt the Madrid Protocol.

Pending Trademark applications which have been filed before the effective date of the new law will be processed based on the old Trademark Law.

Source: Baker McKenzie, Indonesia