The Criteria and Procedure of Trademark Registration in Indonesia

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When an inventor creates a product that has not been invented before, that particular inventor has a right to put a unique sign—in symbol or name—and register his product to the competent authorities. It is intended to protect the invention, so that other people cannot legally use the product in question.The term for the unique sign of a product is called ‘trademark’.  Trademark serves as a distinguishable feature of goods or services which indicate their origins and sources. Trademark registration in Indonesia is a required step for those who have invented new products and wanted to commercialize them. In the country, trademark registration is placed under the authority of Directorate General of Intellectual Property, Ministry of Law and Human Rights. The advantages of trademark registrationThe product inventor or owner who registers the trademark will get several advantages. When a legal entity of the trademark has been given to the product, its owner will automatically gain the usage priority and will be protected against any law violation or infringement. Additionally, since the trademark is a considerable reputation for a product, it will add the product’s value and prospect. The criteria for trademark registration in IndonesiaAccording to the Indonesian law, a trademark is considered acceptable if it is made in the form of a name, a word, a picture, a sound, a hologram, composition of colors, or three-dimensional representation. The combination of those elements is also approved by the law. The point of such criteria is to ensure that the product whose trademark will be registered can be specifically distinguished from other products.Moreover, the authority will only approve trademark registration for products that meet the following criteria.1.      The product does not belong to the public property.2.      The product does not include a descriptive statement of its goods and services.3.      The product is not opposing the prevailing law, religious belief, public order, as well as decency and morality standard.4.      The product does not provide misleading information about its intended use, origin, type and quality when its trademark is registered.5.      The product’s name does not have similarities with well-known individuals or corporate, geographical sign or indication, symbols and elements of a particular country (name, flag, emblem, and abbreviated name), or other products whose trademarks have been previously registered.How to register a trademarkThe process of trademark registration inIndonesia consists of three steps. The initial step is filing the application of trademark registration while being accompanied by an appointed consultant of Intellectual Property Rights. Secondly, the trademark authorities will organize a process called trademark search to make sure that the registered products or services meet the trademark registration criteria. Lastly, for a final process, formal examination and substantive review will be conducted. During the process, those who register the trademark will be charged for Pre-filing Search, Registration Request, and Registration Certificate. The amount of the fee varies according to the types of products or services that want to be registered.After the application is submitted, it will take roughly 20-24 months until the trademark is officially registered. However, the approximate time might take longer than usual if the Trademark Office raises additional objections or if there is any third party which opposes the registration. When the application process has been completed, trademark registration in Indonesia will last for ten years and should be renewed within six months before the expiration date.Related: Indonesia's New Copyright Law, A Great Way To Deal With Copyright InfringementSource: bplawyers.co.id

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