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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 36 months, if no objections or oppositions arise.
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If I register my trademark in Indonesia, do I have protection in other territories?
The territorial limit of registration is Indonesia.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is required in securing a filing date.
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Are there any benefits from a pre-filing use of the trademark?
There are no benefits from a pre-filing use of a mark.
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Will there be problems in case I don’t use my trademark after registration?
Yes, cancellation on the ground of non-use is available.
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What are the types of trademark that can be registered in Indonesia?
- names
- words
- devices
- slogans
- colours
- holograms
- trade dress/get-up
- some non-traditional marks*
- collective marks
- service marks
*Contact Marcaria.com for more information.
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What are the phases of application after a trademark has been filed in Indonesia?
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with an earlier registration
- Publication of the application details such as:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- Registration
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What type of trademark is not registrable?
- generic terms
- marks that are against moral standards or public order
- marks without acquired distinctiveness
- symbols, names or flags of nations, states, regions, or of international organizations
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Does Indonesia use the "Nice Classification" system?
Indonesia uses the Nice Classification System.
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Does the Community Trademark apply for Indonesia?
Indonesia does not follow the European Union Trade Mark registration or the Community Trade Mark registration.
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Is there any possibility to claim priority in Indonesia?
Priority application is possible to claim if:
- the applicant's home country is a member of the Paris Convention
- the home application was filed within six months prior to application in Indonesia
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What do I need to do to satisfy the use requirement?
A trademark must be used within three years calculated from the registration date.
The amount of use is not yet defined but it must occur in Indonesia.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the filing date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
Unregistered marks are legally permitted to be used for any goods or services.