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Indonesian Mark Procedure (Registration, lawsuit, cassation)

Indonesian Mark Procedure (Registration, lawsuit, cassation)

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Published by vafranci

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Categories:Types, Business/Law
Published by: vafranci on Jul 05, 2010
Copyright:Attribution Non-commercial

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10/25/2012

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MARK REGISTRATION PROCEDURE IN INDONESIA
(Based on Law No. 15 Year 2001 on Trademark)
30 days since date of receipt (article 18 [1])Substantive Examination for 9 months (article 19[3])Publication in BRM [article 20 (1)]
SUBSTANTIVE EXAMINATION
PUBLICATION
(article 21
)
10 days after
approval
to register
REJECTED
W
ritten Notification (30 days after the date of receipt)
PUBLICATION (article 22
)
3
months after published in BRM
OPPOSITION(article 24)
REBUTTAL(article 25)
2 monthsA copy of correspondence must be sent toapplicant within 14 days from receipt(article 24 [3])
ACCEPTED
RE-EXAMINATION (Article 26[2])
for 2 (two) months
REJECTED
DELETION
(article 61)
CANCELLATION
(article 68)
REGISTERED (article 27[1])
30 days after end of publication
REJECTED
APPEAL
[article 31 [3])
For 3 (three) months
ACCEPTEDREJECTED
REJECTEDACCEPTED
10 (ten) years
RENEWAL
(article 28)
Starting in 12 months before end of mark  protection (article 35 [2])
 Note:
Penal Provision: article 90 ±95
R
EGIST
R
ATION
(A
rticle 7-17)
 
Procedure of a Lawsuit for the Cancellation of Mark Registration at the Commercial Court(
Article 80-82 Law No. 15 Year 2001
)
A lawsuit
(
shall be filed atA lawsuit for theThe Commercial Court) cancellation of a
W
ithin a period of 5 years registered Mark after the date of Mark Registration be filed by any(Article 69 [1]) interested party based on the groundreferred to in
Registration of the Lawsuit
Article4,5, or 6On the date is filed
(Article 68 [1])
Dispatch to the Head of Commercial Court
2 days after the registration date
The summons of parties concerned
7 days after the registration date
The examination on a lawsuit
60 days after the registration date
A decision on a lawsuitDispatch the decision to the parties
90 days after the registration date
,
may be extended for 30 days14 days after the issuance of decision

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