Registering a trademark may be time consuming and costly. In Indonesia, if it all goes well, foreign businesses need approximately 12-24 months to complete the registration process. There is no guarantee the application will be approved and no refund of fees is made if the application is denied. Here are some procedures involved in trademark registration in Indonesia: Find an Intellectual Property Right Consultant (proxy). According to the Indonesian Trademark Act, foreign applicants are required to process trademark registration through the local IP consultant with a signed Power of Attorney and Declaration of Entitlement.
Ensure that the proposed trademark complies with the rules. Some conditions can lead to application denial such as: similarity of essential features with a registered product, a well-known product or with a known geographic indication; is in contradiction of moral, religious or public order; and has become public property.
Do someinitial research to ensure that your proposed trademark hasn’t been registered by another person or legal entity. Checking online is the easiest first step, by searching the database of Indonesian trademark information from DGIPR which is integrated with the WIPO (World Intellectual Property Organization) or looking in the ASEAN TMview. Based on the latest data updated in 2014, Indonesia had about 364,363 registered marks, excluding those in pending status, so it’s important ensure that the proposed trademark is not in line for approval.
Complete requirements properly and thoroughly, don’t leave anything incomplete. The general procedures of trademark registration consist of formal examination, substantive review and an announcement.
Formal Examination The DGIPR examiner checks whether the application is in accordance with the requirements and this may take 30 days. It includes items such as whether information about the applicant is complete and written in the Indonesian language, details of mark and its specification, and if the filing feewas submitted.
Substantive Review This stage decides whether the application is approved or denied. The substantive review process of the trademark features may take up to 90 days.
After being approved, the trademark will be announced in the Trademark Official Journals for 3 months and is opens to objection or opposition. If there is no significant objection within 3 months, the certificate of trademark will be issued and is valid for 10 years . It is also renewable.