TRADEMARK
Introduction
In order to catch up with international standards of protection required under the TRIPs Agreement, the Trademark Law No. 15/2001 was promulgated and effective as of August 1, 2001.
The present legislation maintains the purely “first-to-file” as a prerequisite for establishing trademark rights. Under this new law the local IPO (Indonesian Intellectual Property Office) tried to expedite the time frame of trademark application process.
Services
Our services in trademark matters (trademark, service mark, and collective mark) include as follows :
- Filing application and obtaining registration of the marks in the Indonesian Trademark Office.
- Trademark renewal.
- Recording the change of name/address.
- Recording the assignment of rights.
- Handling cancellation actions.
- Filling hearing, opposition, rebuttal, appeal.
- Filling license agreement.
- Trademark search.
- Trademark watch.
- Providing opinion on trademark validity and infringement.
- Enforcing trademark rights against infringement.
- Defending clients against infringement charges by others, as well as representing clients in disputes resolution through either legal proceedings or negotiations.
Requirements for filling a trademark application :
- Duly signed Power of Attorney, no notarization or legalization needed. [Download form TM 01_POA]
- Duly signed Statutory of Declaration, no notarization or legalization needed. [Download form TM 02_SOD]
- Details of the mark + 40 specimens sizing max. 9 x 9 cm, min. 2 x 2 cm, which can be locally made, unless they are presented with colors.
- For priority application, a certified copy of the mark application in home country is needed, with English translation.
Once a trademark is registered, it will last for ten (10) years computed retroactively from its filing date and it is renewable.
Requirements for filling a trademark renewal :
- Duly signed Power of Attorney, no notarization or legalization needed. [Download form TM 01_POA]
- Duly signed Statutory of Declaration, no notarization or legalization needed. [Download form TM 02_SOD]
- Details of the mark + 40 specimens sizing max. 9 x 9 cm, min. 2 x 2 cm, which can be locally made, unless they are presented with colors.
Application for renewal may be lodged at any time, provided no earlier than twelve (12) months before the expiry date of the registration. Practically, no evidence of use is to be submitted however the applicant is required to assert that the applicant or its license still uses and will continue to use said registered trademark in the form of Statutory Declaration as above mentioned.
Requirements for recording the change of name/address :
- Duly signed Power of Attorney, no notarization or legalization needed. [Download form TM 01_POA]
- Certified extract from the Commercial Register evidencing the change of name/address, shall be legalized up to the Indonesian Consulate; or copy of the name change certificate, shall be legalized up to the Indonesian Consulate.
- Duly signed Statutory of Declaration, no notarization or legalization needed. [Download form TM 02_SOD]
All trademark registrations under the same name should be recorded simultaneously. Failure to do so will cause delay until the provision have been accomplished by recording the remaining trademark registration(s) with completely new documents.
Requirements for recording the assignment of rights :
- Duly signed Power of Attorney, no notarization or legalization needed. [Download form TM 01_POA]
- Deed of Assignment, shall be legalized up to the Indonesian consulate.
- Duly signed Statutory of Declaration, no notarization or legalization needed. [Download form TM 02_SOD]
Registrations that consist of identical or similar mark and covering similar goods should be recorded simultaneously. Failure to do so will cause delay until the provision have been accomplished by recording the remaining trademark registration(s) with completely new documents.
Requirements for filling a cancellation action :
- Duly signed Power of Attorney, shall be legalized up to the Indonesian consulate. [Download form TM 01_POA]
- Copies of certificates of registrations of the trademark in other countries.
- Invoices and bills of lading to other countries including in Indonesia (the earliest and the latest one).
- Brochures and catalogues (if any).
- Advertisements (if any).
The protection of the famous trademark could be applied to the all kind of classes of goods or services. But the protection of non-famous trademark only could be applied to the same kind of goods or services.
Requirements for filling license agreement :
- Duly signed Power of Attorney, no notarization or legalization needed. [Download form TM 01_POA]
- Supporting documents such as copies of the trademark registration on other countries, brochures, catalogues, and advertisements.
Requirements for filling a hearing, opposition, rebuttal or appeal :
- Duly signed Power of Attorney, signed by the Licensor, no notarization or legalization needed. [Download form TM 01_POA]
- Notarized copy of license agreement documents.
To find out how we can assist you, send us an email.
