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Trademark

Summary
  1. Legislation: The Law of the Republic of Indonesia Number 15 of 2001 regarding Trademark.
  2. Definition: A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services.
  3. Criteria: Any logo, number, word, name, label, letter or a combination of the above may constitute a trademark. The mark should be distinctive or Capable of differentiation from another’s goods or services. A Trademark shall not be registered if it contains one of the following elements: - being against the prevailing law, morality, religion, decency and public orders; - having no distinguishing power; - having been public property; or - constituting the explanation of or being related to the goods or services for which registration is applied.
  4. Membership: √ – Paris Convention X – Madrid Protocol Indonesia is a member of the Paris Convention from 1950, whereby applications from convention countries will be subject to the same priority date in Indonesia. The application for priority has to be made within six months of the first application in a convention country.
  5. Rule of Priority: “First to File” is the rule followed by Indonesia in determining priority of trademarks.
  6. Duration and Renewal: A trademark once registered is valid for a term of 10 years and will be subject to protection depending on its further renewal.
Procedure/Timeline
  1. Application Every applicant is required to submit an application with the Indonesia Intellectual Property office.
  2. Examination On submission the Trade Marks office will examine the application for statutory compliances. Applicants will be given two months time to rectify incomplete applications else it will result in an automatic withdrawal of the application. On completion of the requirements a filing date will be issued by the office. Substantive examination is done thirty days after the filing date for a period of 9 months.
  3. Publication An application is published in the Official Bulletin of Marks for a period of 3 months, on passing the examination stage in a maximum period of 10 days.
  4. Opposition Concerned parties are required to send oppositions concerning the subject matter of a trademark. The common grounds of opposition pertain to prior marks and infringement. Counter statements are required to be submitted within 2 months of the receipt of the opposition letter after which a re-examination will take place. The re-examination should be completed in two months time.
  5. Registration On completion of the objections and opposition a Certificate of Registration will be issued subject to the payment of a fee. The duration of registration could take a minimum period of 12 -18 months. The registration is effective from date of application.
Requirements
The following information and/or documents are required to file an application for a trademark application in Indonesia:-
  1. Application Form.
  2. A list of goods or services ( which closely follow the Nice International Classification).
  3. Twenty (20) clear copy of the mark.
  4. The full name, nationality and registered address of the applicant.
  5. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.
  6. For marks that contain non-English words, a certified transliteration and translation.
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Simply signed On filing date
Statement of Mark Owner Simply signed On filing date
Image/ representation of the mark Together with indication of whether the mark is in color or black and white, Specimen of mark sized 9 x 9cm On filing date
Additional Documents for Claiming Convention Priority
Documents Remarks Time of filing
Priority documents The certified copy of priority documents in other language must be provided in English translation 7 months after priority date
Documents for Filing a Request of Recordals of Assignments and Changes
Documents Remarks Time of filing
Notarized true copy of Deed of assignment documents Attested by the Indonesian Embassy/Counsel Anytime after registration
Power of Attorney Simply signed Anytime after registration
Statement of Use of Mark Simply signed Anytime after registration
Documents for Filing an Opposition or Counter-Opposition
(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)
Documents Remarks Time of filing
Power of Attorney Simply signed On filing date
Copy of registration in various countries - On filing date
Other supporting documents such as brochures, advertising materials, company’s website, etc. - On filing date
Downloadable Forms
Power of AttorneyDownload
Statement of Mark OwnerDownload
Fees
Items Official Fees (USD) Professional Fees (USD)
1. Search per mark per class 65 150
2. Filing application (Max 10 goods/services) 248 300
3. Issuance of Certificate - 255

Patent

Summary
In Indonesia, patent protection is obtainable by way of either entering the national phase of a Patent Cooperation Treaty (PCT) application or filing a direct national application.
  1. Legislation: Law of the Republic of Indonesia Number 14 Year 2001 Regarding Patent.
  2. Patentability Criteria: A patent has to fulfill the following conditions in order to claim protection.
    • it is new
    • it involves an inventive step
    • it is industrially applicable
  3. Utility Innovations: There are 2 kinds of patents in Indonesia, namely, Patent and Simple Patent (Utility Model). Simple Patent shall be granted for a period of (10) ten years commencing on the date of issuance of the Letter of Simple Patent.
  4. Membership: √ – Paris Convention √ – PCT Indonesia is a member of the Paris Convention from 1950, whereby applications from convention countries will be subject to the same priority date in Indonesia. The application for priority has to be made within six months of the first application in a convention country. Indonesia is also a member of the PCT since 1997. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Indonesia within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed.
  5. Rule of Priority: “First to File” is the rule followed by Indonesia in determining priority of patents.
  6. Duration A registered patent is valid for a term of 20 years whereas that of a simple patent is for 10 years.
Requirements
The following information and/or documents are required to file an application for a patent in Indonesia:- Direct National Application
  1. Request for the grant of a patent:-
    1. the name and address of the applicant;
    2. the name and address of the inventor;
    3. a specification comprising a description, claims and any necessary drawings; and
    4. the country and filing particulars of basic application whose priority is claimed.
  2. Appointment of Patent Agent
  3. Filing of an assignment from inventor to applicant.
PCT National Phase Application
  1. A copy of the PCT application in English language ( i.e. request form PCT/RO/101);
  2. The details of the PCT application (suitably, the bibliographic page as published by WIPO);
  3. PCT specification as originally filed;
  4. International Preliminary Report on Patentability;
  5. One copy of any amendments filed in the international phase(in or translated to English).
  6. Power of Attorney
  7. Filing of an assignment from inventor to applicant.
Procedure/Timeline
  1. Filing of Patent Application Every applicant is required to submit an application within 12 months of priority date.
  2. Publication A patent application will be published within 18 months of the filing date.
  3. Opposition The publication is for a duration of 6 months during which oppositions are invited from interested parties. The statements of opposition and counter statement will be considered in the examination stage.
  4. Substantive Examination A request for examination has to be filed within 36 months after the filing date of the application else could result in automatic withdrawal of the application. Also a simple patent is examined only for novelty.
  5. Registration The patent office is obligated to grant or reject a patent within 36 months after the receipt of an examination date. On successful completion of formalities a patent certificate will be issued by the office and the invention will be listed in the general register of patent.
Downloadable Forms
Power of Attorney Download
Patent AssignmentDownload
Documents
Basic Requirements
Documents Remarks Time of filing
Patent specification, claims and abstract in English Translated into Indonesian Language. On filing date
Drawings (if any) One month from application date
Additional Documents
Documents Remarks Time of filing
Priority documents With certified English translation 16 month from priority date (non-extendable)
Power of Attorney No legalization requirement 1 month from application date
Assignment of Invention (if the applicant is not the inventor) No legalization requirement 1 month from application date
Additional Documents for Entry of PCT National Phase in Indonesia
Documents Time of filing
Form PCT/IB/306 or Notarized copy of Certificated of Change 2 months from application date
PCT specification as originally files 1 month from application date
Form PCT/RO/101 1 month from application date
Form PCT/IB/332 1 month from application date
Form PCT/IPEA/401 1 month from application date
Form PCT/IPEA/408 1 month from application date
Form PCT/IPEA/416 1 month from application date
Amendments file in the international phase Between application until substantive examination request
Fees
Patent Application *Fees are not inclusive of 10% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
Filing an Application - Each additional claim over 10 claims - Preparing and Filing Formal Drawings per sheet (USD 26) 65 10 - 300 8 15
2. One Convention priority claim - 53
3. Request for Substantive Examination 225 488
4. Grant Fee 10 360
5. Typing fee (per page) Translation (per page) - 3 - 15
Maintenance Fees
Items Official Fees (USD) Professional Fees (USD)
1st to 3rd year (each year) - Addition fee per claim (excess 10) - 368 15
4th to 5th year (each year) - Addition fee per claim (excess 10) - 413 23
6th year - Addition fee per claim (excess 10) - 507 30
7th to 8th year (each year) - Addition fee per claim (excess 10) - 600 45
9th year (each year) - Addition fee per claim (excess 10) - 698 57
10th year (each year) - Addition fee per claim (excess 10) - 885 57
11th to 20th year (each year) - Addition fee per claim (excess 10) - 1238 57

Industrial Design

Summary
  1. Legislation: Law No. 31 of 2000
  2. Definition: Industrial Design shall mean a creation on the shape, configuration, or the composition of lines or colours, or lines and colours, or the combination thereof in a three or two dimensional form which gives aesthetic impression and can be realized in a three or two dimensional pattern and used to produce a product, goods or an industrial commodity and a handy craft.
  3. Criteria: Industrial Design Protection will be given to a design which has a aesthetic feature and the design must be a new design.
  4. Rule of Priority: An Industrial Design Application must be filed within 6 months from its priority date.
  5. Duration and Renewal: An Industrial design registration is protected for 10 years from its filing date, and it cannot be renewed.
Requirements
The following information and/or documents are required to file an application for an industrial design application in Indonesia:-
  1. Application form:
    1. the name and address of the applicant.
    2. description of the design.
    3. the country and filing particulars of basic application whose priority is claimed.
    4. full name and address of the author.
  2. Power of Attorney.
  3. Representations of the design.
  4. Priority documents and certified English translation (if necessary) of the priority document.
Procedure/Timeline
  1. Application Every design application has to be filed with the Indonesian Patent Office. Incomplete applicants will be given 3 months for rectification, else the application will be deemed withdrawn. An application number and filing date will be issued on submission of the application.
  2. Publication Applications will be published for 3 months from the filing date. On request it can be extended to a maximum period of twelve months.
  3. Opposition Oppositions are invited during the publication period from concerned parties. A counter statement for the same has to be submitted within 3 months after the date of receipt of notification from the Director General.
  4. Substantive Examination A substantive examination will be conducted only during oppositions. Opposition and counter statements are taken into consideration during the examination. The decision of registration or vice versa is not to 6 months after the expiration of the publication period.
  5. Registration A certificate of registration will then be issued within 30 days of the end of the examination.
Downloadable Forms
Form 1 Download
Form 2Download
Form 3Download
Documents
Basic Requirements
Documents Remarks Time of filing
Power of Attorney Simply signed On filing date
Statement of Design Owner Simply signed On filing date
Description of Design (to be translated into English language) On filing date
Physical sample (if available/ possible) If the item is considerably large, drawings or photographs, taken from every angle of the item, can be made in liew of a sample. On filing date
Drawings On A4 paper (floppy diskettes or CD-ROM is acceptable) On filing date
Additional Documents for Claiming Convention Priority
Documents Remarks Time of filing
Priority documents To be translated to English 2 months from filing
Fees
Application Fees *Fees are not inclusive of 10% VAT and GST.
Items Official Fees (USD) Professional Fees (USD)
1. Filing Application (including of priority claim) 65 375
2. Issuance of Certificate 10 250
Total 75 625