Follow These Steps to Register an International Trademark In Indonesia!
“Through Madrid Protocol, every trademark can be registered in many countries and referred as an international trademark with one-time registration only.”
A trademark is a tool to differentiate one business from the others which also can be used as a representation of the quality and the credibility of products or services that are offered by one company. Moreover, the trademark is also usually used to introduce their products or services to the consumers. Therefore, the trademark is one of the valuable assets in business.
There is a fact that since 2017, Indonesia has joined Madrid Protocol which enables business actors to obtain trademark recognitions by more than one hundred countries around the world.
Madrid Protocol is an international treaty for facilitating the registration of trademarks in multiple jurisdictions around the world. Through this protocol, every trademark that is considered a national trademark can be registered as an international trademark. This scene gives more convenience than filing separate applications which is complicated and costly.
Read more: Must Know! 4 Methods of Dispute Settlement for Foreign Direct Investment
If you are interested to broaden your business and want your trademark recognized internationally and protected in several countries, let’s follow these steps!
Searching Of The Existing Trademarks
Before submitting trademark registration, applicants have to ensure that the trademark that will be registered is under Indonesian Law Number 20 of 2016 concerning Trademark and Geographical Indication (hereinafter referred to as Trademark Law).
Other than that, the applicant is also obligated to search the existing trademarks not only in Indonesia or in the applicant’s country, but also internationally or in other countries.
The Application of International Trademark
The applicants shall submit the application to the International Bureau through the Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual or DJKI). According to Article 3 paragraph 4 of Indonesian Government Regulation Number 22 of 2018 concerning Registration of International Trademark Based on Related Protocol with Madrid Agreement Concerning International Registration of Trademark (Government Regulation Number 5 of 2018) regulates that the parties who may apply are:
- The applicant who has Indonesia citizenship;
- The applicant who has a legal domicile in Indonesia; or
- The applicant who has real industrial or commercial business activity in Indonesia.
Furthermore, the application shall consist of:
- The applicant’s name and address
- Reproduction of applicant’s trademark;
- Good or service code that is submitted;
- List of destination countries.
As information, some countries may have special requirements regarding international trademark registration. It is better for the applicant to observe the related law of the destination country.
Another requirement of an international trademark application is the applicant shall ensure that the trademark is already registered. It is the consequence of Article 5 Government Regulation Number 5 of 2018 that the applicant is unable to apply for an international trademark if the trademark is still unregistered in the Directorate General of Intellectual Property.
The Examination of Trademark Application
The examination will be carried out by the Directorate General of Intellectual Property. The examination cover:
- The applicant is the same party as a trademark holder or applicant for the trademark in Indonesia;
- The submitted trademark in international registration is the same as the trademark in Indonesia; and
- Classification of goods and/or services that are submitted as in Indonesia.
Furthermore, based on Article 7 Government Regulation Number 5 of 2018, the Directorate General of Intellectual Property will forward the application to the International Bureau.
The Issuance of Certificate
If your application has fulfilled all the requirements, the International Bureau will register your trademark in the International List and issue International Registration in the International Trademark Sheet. The output will be in the form of a certificate.
One thing that should be awarded, if the registration of trademark in Indonesia is deleted or canceled, the international registration of the trademark will be considered as an invalid international trademark. This term will be valid for five years since the date of International trademark registration.
If You Want to Register your Trademark, Please Kindly Contact SmartLegal.id Through The Button Below.
Author : Bima Satriojati