In Indonesia trademarks are protected by the Law on Trademarks (Law Number 19 of 1992). But a complete revision of these laws is already expected.
According to law No 15/2001 (trademark law), the applicant has to submit the following documents in written form and Indonesian language at the trademark department to secure a trademark:
- original application form– available at EKONID
- Articles of Association/ Corporation Agreement of the submitting corporation (translation into Indonesian language)
- copy of the certificate of registration of the company
- copy of the passport of the representative of the company in accordance with the Articles of Association/Corporation Agreement
- 2 original ownership of the trademark declarations, the document Surat Pernyataan containing duty stamp - drafted by EKONID
- original special power of attorney for the registration procedure (Surat Kuasa )– drafted by EKONID
- colored copy of the logo (25 times), maximal size 9 x 9, minimal size 2 x 2
- notification concerning the category of goods, in accordance to the categorization laid down in the Paris Convention
It is recommended to accomplish a procedure of preliminary search before initiating the main registration procedure to ascertain that the trademark is not already registered by another owner.
A registered mark obtains legal protection for a time period of 10 (ten) years after the publishing period and is retroactively valid since the date of application of the trademark registration. The protection period of a registered trademark can be extended. The request for extension of the protection period of a registered mark has to be filed within a period of not more than 12 (twelve) month and at least 6 (six) month before the expiry of the protection period of the registered trademark.
The owner of a registered trademark is able to file a claim for compensation and the discontinuation of the use of the registered mark against the user or legal entity who illegally uses his trademark. Furthermore, a penal provision exists for such infringements. A person who illegally uses a registered mark can be penalized with imprisonment of up to seven years and/or a fine of up to 100 Mio. Rupiah.
When the registration process is successful the owner of the trademark achieves a trademark Certificate, which contains a trademark registration number. The mark is furthermore registered in the General Register of Marks.
The right to a registered trademark can be transferred to another person e.g. by way of agreement or inheritance. Such a transfer has to be registered in the General Register of Marks.
The address of the trade registration office:
Departemen Hukum dan Hak Asasi Manusia R.I.
Department of Law and Human Rights of the RI
Direktorat Jenderal Hak Kekayaan Intelektual
Directorate General for Intellectual Rich Right
u.p. Direktur Merek Dan Rahasia Dagang
Director for Trade Mark and Trade Secret
Jl. Daan Mogot km. 24
Since 2007 only certified and registered agents can submit applications to the Department. EKONID works closely together with an agent in these matters.