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Amendments to Trademark Laws

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Nov 09, 2016 (Newsletter Issue 20/16)
Indonesia
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Draft of New Trademark Law


A parliamentary committee of Indonesia's House of People's Representatives has reviewed and approved the draft of New Trademark Law. The New Trademark Law is expected to be enacted in November 2016.

The new regulations are highlighted as follows:
1. Mark shall mean a sign that is displayed graphically in the form of a picture, name, word, letters, figures, composition of colors, in the form of 2 (two) dimensional and/or 3 (three) dimensional, sound, hologram or a combination of said elements to distinguish goods and/or services produced by a person or legal entity in the activities of trade in goods or services.

2. Mark that are protected consist of a sign in the form of image, logo, name, word, letter, number, color composition, in the form of 2 (two) dimensional and / or 3 (three) dimensional, sound, hologram, or a combination of the two (2) or the more elements to distinguish the goods and/or services produced by the person or legal entity in the trading of goods and / or services.

In terms of mark such as the form of 3 (three) dimensional, the specimen of mark that is attached is in the form of the characteristics of the mark in the form of drawing/painting that can be seen from the front, side, top, and bottom.

In terms of mark such as voice, the specimen of mark that is attached should be a notation and sound recordings

3. The minimum requirements in filing of trademark application in order to be provided the filing date shall consist of :
a. Scanned copy of signed Power of Attorney and Statement on Ownership of the Mark
b. The complete name and address of applicant
c. Specimen of the mark (in JPG format)
d. Specification of goods/services that will be covered by the application
e. Class of good/services

Meanwhile, the original signed Power of Attorney and Statement on Ownership of the Mark may follow within 1 (one) month after the filing date. If the original document could not filed within said period, then the application will be deemed withdrawn.

4. The Official Publication in the Official Gazette shall be published for 2 (two) months and it shall be made at least 15 (fifteen) days after the filing date.

5. In terms of there is no any objection or opposition from the third party, the Trademark Office will examine the application 1 (one) month after the expiry date of publication and the examination shall be finished in the period of 5 (five) months at the latest.

6. The renewal application of trademark registration shall be filed within 6 (six) months before expiry date of trademark registration. The late filing of renewal application may be filed within 6 (six) months grace period after the expiry date of registration by paying a fine/penalty amount of USD 170.

The written Declaration of Use and the Power of Attorney have to be filed along with the renewal application and the Evidence of Use of Trademark is not required in filing of renewal application.

Requirements for filing the renewal application for trademark registration are as follows:
1. Scanned copy of certificate of registration (if any) or information on trademark registration number
2. Scanned copy of signed Power of Attorney and Statutory of Declaration duly signed by the proprietor of trademark registration. No need to be legalized/ notarized.

Source: Estumark LLP, Indonesia