The Changes in The Administration And Procedure Of Trademark Application Process Under The New Trademark Law No. 20 Year 2016 Regarding Trademark and Geographical Indication

  • By:Kelvin Wibawa
  • 4 Comments

By: Eliza Trisnawati S.H.

The Government of Indonesia has been released the new Trademark and Geographical Indication Law No. 20. This new Law has become effective on November 25, 2016. The stated purpose of the Law is to improve the administration of the Indonesian Intellectual Property system by simplifying and streamlining laws and procedures relating to the Indonesian intellectual Property Rights and also to provide easy access for global registration under Madrid Protocol. This new regulation will also provide a more detailed explanation on protection of geographical indications. The following are some points that has been changed by the Government of Indonesia regarding Trademark and Geographical Indication protections:

  1. Article 2 (3) “The Expansion Of The Scope Of Trademark Protection”

On the previous law, the scope of Trademark protection in Indonesia only cover for Traditional Mark which include : pictures, logos, names, words, letters, numbers, colors and combinations of two or more of the aforesaid elements”.

 Applicable Law at this time introduces Non – Traditional Mark as the new forms of trademark that can be protected. The new forms are :

  • Two (2) dimensional form and/or Three (3) dimensional form;
  • Sound;
  • Holograms.
  1. Article 4 (1) “The New Trademark Application Filing System”

 As stipulated in the latest of Trademarks and Geographical Indications Law, Intellectual Property Office of Indonesia provides two ways for the applicant or the authorization to file an application for registration of Trademarks whereby in the prior regulations, application for trademark registration may be filed non-electronic. However, Indonesian Intellectual Property Office now has developed its infrastructure and procedures for an electronic filing online. This new of provision is intended to reduce of paper usage into digital forms. Moreover this new filing system also to provide easy access for global registration under Madrid Protocol.

 

  1.  Article 13 “The Simplification Of Minimum Requirements’

 According to the latest Trademark Law, in order to provide the simplicity for the applicant to obtain the filing date, applicant may submit the application with the minimum of requirements. The minimum requirements as intended by the law which includes :

  • submission of a trademark application form;
  • trademark label and;
  • pay the official fees.
  1. Article 14 (1) “The New Examination Flow Of Application For Registration”

 Under the previous Law, the trademark application is examined prior to publication stage. Currently, Indonesia Trademark Office has a new examination flow of application for registration under the new Trademark Law whereby the trademark application will be published prior to examination within 15 working days since the filing date. This provision is expected to streamline the time of examination process.

The amendment also occurred in the period of publication. Unlike the prior Law, the publication under the new Trademark Law will be held shorter from three (3) months to two (2) months and the substantive examination will be conducted for a maximum of 150 working days.

Based on the explanation above, therefore the time frame for a trademark application under the New Trademark Law become shortened to only around nine (9) months, whereas under the prior Trademark Law the time period is approximately fourteen (14) months.

  1. Article 35 “The Time Period Of Trademark Renewal Application And Renewal Grace Period”

 Under the new Trademark Law, renewal can be filed within six (6) months before the expiry date. If the time period of trademark protection has been passed, the government allows an opportunity for the proprietor of a mark to renew their mark within six (6) months after the expiry date by paying a surcharge penalty as the consequences.

  1. Article 40 and 41 “The New Policy Regarding Recordal Change Of Name, Address, and Assignment”

 Formerly, the application for recording of change of name, address, and assignment can only be submitted when a mark has been successfully granted. Through the new Trademark Law, the Government has added other new policy where the application for recording of change of name, address, and assignment may be submitted while the relevant mark still under examination process.

  1. Article 52 “International Trademark Registration Under Madrid Protocol”

As stipulated, the new Trademark Law introduces a new system of international trademark registration through Madrid Protocol. This provision is a new thing and soon will be applied. By this regulations, the owner of a mark may file an application in multiple jurisdictions through a single application with the following condition:

  • Applications that originate in Indonesia can only be made once the applicant obtains a trademark registration in Indonesia as the basis of the international trademark registration.
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