So you have your brand selling on the market and you have your own signature trademark that distinguishes it with other brands. But one day someone comes up to you and reports that they have found crazily similar trademark with yours! And you wished you have filed your trademark before the incident!
To avoid this to happen, we will list out 10 important FAQs that you should ask yourself before attempting to apply for a trademark registration in Indonesia.
One big question is what is a trademark under Indonesian law?
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.
Below are the 10 FAQs that could give you some ideas about trademark in Indonesia.
1. What is regarded as a trademark in Indonesia?
Any logo, number, word, name, label, letter or a combination of all may constitute a trademark. However, the mark should be distinctive or capable of differentiation from another’s goods or services.
However, 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 a public property;
- Constituting the explanation of or being related to the goods or services for which registration is applied.
2. Must I be the creator of the trademark for me to register the mark under my name?
Not necessarily as Indonesia follows the “First to File” rule. Meaning the legal protection for a trademark in Indonesia is only given to trademark owners who have registered their trademarks for the “first time” who is first to file their trademarks.
This is to be differentiated from the “First to Use” rule whereby Indonesia does not recognize the first trademark user.
3. How can I protect my trademark in Indonesia?
You must register your trademark in Indonesia Trademark Registry in order for your trademark to be protected as Indonesia recognized the rule of “First to File” rather than “First to Use”. Registration is key in trademark practice in Indonesia!
4. Is it compulsory to register my trademark in Indonesia?
If you want your brand to be protected under Indonesian law and to avoid any sleepless nights due to your competitors copying your trademarks, you are compelled to register.
5. Is a trademark search necessary to be conducted before the trademark filing in Indonesia?
It is not compulsory but it is a practice to search as trademark search allows you to determine whether your intended trademark is available for registration in Malaysia under the relevant class of goods or services.
6. What are the general requirements for filing a trademark application in Indonesia?
You must prepare these following documents or information in order to file for trademark registration:-
- Application form;
- A list of goods or services (which closely follow the Nice International Classification);
- Twenty (20) clear copy of the mark;
- The full name, nationality and registered address of the applicant;
- Description of claim of the trademark (e.g: combination of colours of the trademark);
- For marks that contain non-English words, a certified transliteration and translation.
7. How long does the trademark registration last?
A trademark once registered is valid for a term of 10 years and will be subject to protection depending on its further renewal.
8. Can the trademark registration be renewed?
Yes. The trademark registration is renewable by submitting the prescribed form and payment for renewal.
9. Is the trademark registration in Indonesia valid in another country?
Unfortunately no, as trademark protection is territorial in nature and it must be filed in each country where protection is sought.
10. Can other people use my trademark once I’ve registered it?
No. The purpose of registration of your trademark is to give you the exclusive rights over your own trademark. Therefore, this will prevent any unwanted infringer or unauthorized use of your protected trademark.
Don’t worry as Pintas IP expert is available to help you in filing your registration and advise you in case you believe that there is someone out there infringing your trademark! Seek reputable IP firm like Pintas to help you through your trademark issues.