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What Are The Benefits of Having My Trademark Registered?

An unregistered trademark generally enjoys no legal protection, meaning any third party can copy it and sell his goods or services under it. Once a trademark is registered, only the rightsholder is allowed to use the mark. Holders of a registered trademark have a very strong legal standing in court procedures against other parties who copied their trademarks. On top of that, once you filed an application for trademark registration, anyone filing an application for registration of the same trademark after you will not be granted registration.


 

How Long Does It Take To Have My Trademark Registered?

Generally, the time between filing an application for registration of your trademark and the issuance of the trademark registration certificate takes about two years. When the authorities however find any irregularities in the application during the examination stage, the process can be lengthened by several months.


 

From Which Moment Does My Trademark Enjoy Legal Protection?

From the moment your application has been filed, it will be recorded in the database. This means the authorities will check if any new incoming application for trademark registration is not too similar to yours. An application however can still be rejected by the authorities during the examination stages. Therefore, your trademark will only obtain full legal protection once the registration process has been completed and your Trademark Certificate has been issued.


 

I’m A Foreign National / Foreign Legal Entity. Can I Have My Trademark Registered In Indonesia on Behalf of A Foreign Party?

Yes. The relevant Indonesian laws and regulations to not impose any restrictions on foreign trademark holders; they will enjoy the same rights over their trademarks as Indonesian parties would.


 

Can I Check The Chances My Application Will Result in Successful Registration of My Trademark Before Filing The Application?

Yes, you can. Our lawyers and registered intellectual property consultants have extensive experience in handling trademark applications and know under which circumstances the authorities will most likely reject an application. We can provide you with a full search report in which we check your trademark against the relevant laws and advise you about the chances of success if we file your application for trademark registration. 


 

What Are The Costs of Having My Trademark Registered Through FOXIP?

The costs for filing an application for trademark registration depend on numerous factors, such as which types of goods/services you wish to sell under the trademark or whether translated documents are necessary to process your application. For a personal quotation you can always contact us.


 

My Trademark Contains Letters in A Foreign Script. Can I Have It Registered As A Trademark?

Having a mark including foreign scripts such as Chinese characters or Arabic letters is no problem for its registration. We do however recommend you to provide us with a transliteration of these foreign letters into Roman script, as well as with a translation of the words. 


 

How Will I Know In What Stage of The Application Process My Application Is?

Our service does not end once we have filed your application. Our consultants regularly check the relevant authorities’ databases and will send you email updates about the progress of your application. 


 

My Application For Trademark Registration Got Refused By The Authorities. Is There Anything I Can Do to Challenge This Rejection?

Though challenging a rejection for trademark registration given by the authorities is virtually always possible, it is not always recommendable to do so. Whether or not challenging a rejection is worth it depends on the grounds for the rejection and on your situation, and therefore varies per case. If your application for trademark registration got rejected, our intellectual property consultants are more than happy to discuss your case with you and to provide you with personalized advice. If required, our lawyers are fully licensed to defend your rights in court as well.


 

What Can I Do If Third Parties Illegitimately Copy My Registered Trademark?

When you learn someone is using your registered trademark without your permission, you can always contact our lawyers and intellectual property consultants. Our professional team knows which information is relevant in order to take legal steps against infringement. We usually start by sending the violator a warning letter, but if this does not work our lawyers can represent you in court as well.


 

What Can I Demand From Third Parties If They Illegitimately Copy My Registered Trademark?

First and foremost, you will want copy-cats to stop benefitting of your mark’s good reputation. Besides demanding the infringer to stop immediately with the sale of his goods/services under your trademark, we can also plea for the payment of damages. After all, the infringing party may have made money by selling his goods/services to people who would mistakenly thought they were purchasing goods/services produced by you. Trademark infringement is also a criminal offence punishable by five years of imprisonment or fines up to two billion rupiah.


 

Can I Offer Any Goods/Services I Want Under My Registered Trademark?

About all goods and services have been listed under one of the 45 classes of the so-called Nice Classification of Goods and Services. Before filing your application, you have to select the goods and/or services you intend to sell under the trademark. If these goods/services fall under more than one class, you can of course file applications for registration of your trademark containing multiple classes. Bear in mind however that your trademark usually only enjoys protection under the class(es) it has been registered under.


 

How Long Will My Registered Trademark Enjoy Legal Protection?

In Indonesia, a registered trademark is legally protected for a period of ten years from the date the application for registration was received by the authorities. 


 

Can I Extend My Trademark Registration When It Expires?

An application for renewal of trademark registration can be filed starting six months before the expiry date of the initial registration. Though it is still possible to file an application for renewal up to half a year after the expiry date, the authorities will charge an additional fee for such requests.


 

If you have further question about intellectual properties, do not hesitate to contact us here.