On December 30th 2016, Minister of Law and Human Rights Regulation No. 67 of 2016 on Trademarks Regulation (“MoLHR 67/2016”) was enacted by the Minister of Law and Human Rights. This is an implementation of Law No. 20 of 2016 of Trademarks and Geographical Indication (“Law 20/2016”)
Application of Trademark Registration
The application for trademarks registration shall be filed by applicant or their proxy by filling in the duplicate form in Bahasa Indonesia to the Directorate General of Intellectual Property (“Directorate General”) It can be filed either through electronic or non-electronic means.
The application shall at least consist of:
- date, month and year of application;
- identity of the applicant such as complete name, nationality and applicant’s address;
- in the case of using a proxy, full name and address of the proxy should be included with a power of attorney
- in the case of filing a trademark using priority rights, country and filing date of the original application shall be included.
- trademark label
- colors, if the trademark uses color elements;
- classes of goods and/or services, along with the specific forms of goods and/or services.
Moreover, applicant shall attach several documents in the process of filing, such as:
- official registration fee;
- 3 (three) sheets of trademark label (minimum 2 x 2 cm, maximum 9 x 9 cm);
- statement of trademark’s ownership letter
- power of attorney, in the case of filing through a proxy;
- priority evidence and its translation in Bahasa Indonesia if using a priority rights.
In filing a registration for 3 (three) dimensional forms, it should be attached with detail characteristics of the trademark label through visual and description of claim protection. In the case of filing a sound forms, a notation and recording of the sound shall be attached. However, if the notation is not presentable, a sonogram can be used for the second options. In the case of filing a holograms form, the trademark label attached shall be a visual and displayed from all sides.
If the applicant successfully completed the requirements, the application will then be given a receipt date, thereafter the Directorate General will announce it in the Official Gazette of Trademarks for 2 (two) months. At the time of announcement, any party may file an opposition by submitting a written notification to the Directorate General related to the trademarks registration.
Every application should go through document’s requirements examination, within 15 (fifteen) days from receipt date. In the case of completeness of documents and have exceeded the announcement period, application will go through a substantial examination by the examiner in the maximum of 150 (one hundred and fifty) days. If the application was not rejected nor commented by the examiner, it will then be published in the Official Gazette of Trademarks for 2 (two) months. At this point the public can file an opposition to the application in writing to the Directorate General. In the case of no opposition was filed by third party within 30 days from the date of the expiry of the announcement period, the Directorate General shall issue and grant the trademark certificate.
Sekar Djolanda Isnanty