Is it Hard to do Business in Indonesia?
Corporate Secretary Service – Under the Trademark and Geographical Indications Law, applications for trademark registration can be made by foreigners or foreign legal entities domiciled abroad. This means that trademarks owned by foreigners can be registered in Indonesia. Foreign brands can also be registered even though they do not have a legal entity domiciled in Indonesia.
However, Article 5 paragraph (3) of Law No. 20 Year 2016 (Trademark Law) emphasizes that the application for trademark registration in which one or more applicants are foreigners and foreign legal entities domiciled abroad must be submitted through a proxy.
The attorney is an intellectual property consultant who resides or has a permanent domicile in the territory of the Unitary State of the Republic of Indonesia and provides explicit services in filing and managing intellectual property applications. This shows no limitation regarding the subject/applicant to apply for trademark registration.
What is the Trademark Registration Procedure for Foreigners in Indonesia?
Trademark registration can be done electronically through the website of DJKI Kemenkumham or non-electronically using the Indonesian language. The documents and requirements that must be completed to obtain an acceptance date include:
- Trademark registration form in two copies
- Class and type of goods/services
- Pay registration fees and service fees using IPR consultants
- Examples of labels/tags are as many as three sheets with a drinking size of 2×2 cm and a maximum of 9×9 cm
- A statement of rights is a statement by the Applicant that they have the right to apply for registration of the mark and will use the registered mark in the trade of goods/services for which the mark is registered.
- Power of attorney as applications by foreigners or foreign legal entities are made by a designated HKI (Hak Kekayaan Intelektual) or IPR (Intellectual Property Rights) consultant.
Read Also: How to Register Small Business in Indonesia?
Once the minimum requirements are met, the application will get an Acceptance Date. Only up to 15 days after the Filing Date will the application be announced in the Official Gazette of Trademarks, where the Announcement period will last for two months.
During the announcement period, the public has the opportunity to file objections if they feel that the trademark cannot be registered or should be rejected. Within 30 days after the end of the announcement period, the application will enter the Substantive Examination period, where it will be determined whether the applied-for mark can be registered or not. The decision must be made within 150 days of the Substantive Examination period.
If the mark is refused, the Applicant has the right to appeal to the Trademark Appeal Commission. If approved, the DJKI must issue a Trademark Registration Certificate within 15 days from the date of Trademark Registration. That explains the provisions and procedures for trademark registration for foreigners and legal entities in Indonesia. To do so, an intellectual consultant who resides or has permanent domicile in Indonesia is required.
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