The Indonesia trademark that has undergone a proper registration process is absolutely protected by the law in Indonesia. Legal protection towards a trademark is necessary since it can give the owner full rights of usage on that trademark. It also prevents other parties from taking any advantages on the mark without asking permission from the owner.
The Stages on a Registration of Indonesia Trademark
Trademarks in Indonesia are being protected by the Law No. 20 of Year 2016 on Trademark, which has gone through several corrections and changes for years. Up until now, there is still no further information regarding new changes on the current applied law on trademarks. In the current law on trademarks, there are several stages that an applicant has to go through upon registering a trademark.
This stage is carried out to ensure that the application for registration of a mark meets the administrative requirements. Those requirements include: application form, brand etiquette/label, proof of payment, statement of mark ownership, and Letter of Recommendation.
If there is incompleteness on the documents, for example a statement of brand ownership or a power of attorney, the applicant will be given a maximum period of 2 months from the date of submission letter, to complete the necessary requirements. If the requirements are completed, then the application can receive a date of acceptance. Lastly, if there are no objections from the public, the mark has the right to be announced.
Within 15 days from the date of receipt, the trademark application will be announced in the Berita Resmi Merek for 2 months. Third parties who have objections regarding the submitted mark can submit written objections to the Directorate General of Intellectual Property, which is also known as DGIP.
If the applicant accepts the objection, they have the right to file a rebuttal against the objection. The rebuttal must be submitted in writing within a maximum period of 2 months from the date of sending a copy of the objection submitted by DJKI. If there are no other objections at this period of this stage until the end, the application then will proceed to the next stage.
This phase is completed within a period of 150 days. The results of this inspection will be informed to the applicant, and if there were any previous objections, then the results of this examination will be informed to the party submitting an objection. Once the product is considered to be granted trademark rights, it will proceed to the certification stage.
A certificate of trademark can be an evidence of rights, which are exclusive rights from the state issued by DJKI. It is only given to the owners of trademark rights for a certain period of time for their own use, or with the permission of the trademark owner can be used by other parties.
With the registration of the trademark, DJKI will issue a certificate for it. If the certificate is not collected by the owner within a maximum period of 18 months from the date of issuance, the registered mark will be withdrawn and removed.
So those are the stages that an applicant of Indonesia trademark will go through upon registering a trademark. These stages can be completed within the range of 12 until 24 months. Once all the stages are completed, WIPO will add the trademark to its roster, and it is accessible by the public.