The Importance For Registering Trademark in Indonesia

  • By:Kelvin Wibawa
  • 1 Comment

 trademark is a symbol, word, or words legally registered or established by use as representing a company or product/goods. Through trademark registration, the owner’s rights are protected and he can file legal action against unauthorized use of the trademark.

A trademark serves as a legal distinction of a brand or product. Directorate General of Intellectual Property will approve the trademark application and put it in the Indonesia trademark database (WIPO). Therefore, the Intellectual Property (IP) protect and cover the trademark as it is a company asset.

ADVANTAGES OF REGISTERING TRADEMARK

With a high incidence of piracy an copyright infringements in Indonesia, patenting the goods and services with trademark is an important step. When registering the trademark, you will get some significant advantages as following:

  • The Company enjoys the exclusive protection of goods and services against claims of infringement by other parties.
  • When the owner of the trademark is in legal battles, the owner can get legal reinforcement in instances. 
  • Based on Trademark Act No 15 of 2001, a person or legal entity who first filed the trademark application will get the priority to use the trademark.
  • Having a solid and reputable trademark adds value to the products or services. The company can use this trademark to bring their brand closer to their prospects.  

THE TRADEMARK REGISTRATION PROCESS

trademark registration

It would take approximately 12 to 24 months to process and approve the trademark application. After that, then WIPO Indonesia will add the trademark in their lists. An applicant would have to pay for Pre-filing Search, Request for Registration and Final Registration/Certificate. The fees and charges vary depending on the type of goods or services that a company wants to obtain. But, there are no guarantees that Directorate General of IP will approve the application. Furthermore, If the Directorate General of IP denied the application, the applicant will get no refunds. Here is a step by step guide in obtaining a trademark registration Indonesia

Step 1.

Look for an Intellectual Property Right Consultant. Foreign applicants require a local IP consultant with a signed Power of Attorney and Declaration of Entitlement in order to file for the processing of their trademark registration application.

Step 2.

Conduct an Indonesia trademark search. This will ensure that the trademark you intend to register is in accordance with the Trademark Act No 15 of 2001. Furthermore, this will ensure that the trademark is not in conflict with religious or public order against moral values. You need to make sure that another entity has not register theirs similar with your proposed trademark.

Step 3.

Finally, you need to complete the registration process. To increase the approval chances of your trademark application, be thorough in completing the three levels of registration process. The process involves a formal examination, substantive review, and finally, the announcement.  

In conclusion, trademark registration is important for you and your business. To make the entire process of trademark registration application efficient, contact our expert IP consultants at Foxip. We can help you to increase chances of having your application for trademark registration Indonesia approved.

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