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KNA Legal Consultation

Jln. Ciungwanara 1 No. 44


Denpasar 80665, Indonesia
Ph : +6285237909000
@ : kaizar.nararya@gmail.com

Naming Conventions

The following names, iconography, symbolism, and mixture of the aforementioned are
strictly forbidden to be used as Trademark, while there is no objective standard for each
criteria, the Directorate General on Intellectual Property shall have the final say in
assessing whether the following criteria has been met.

These includes :

1. Violates morality, norm, common decency, religion, state symbols and


ideology
2. Improper, pornographic, blatantly offensive, racist, and/or manifest as a form
of insults against certain race, ethnicity, religion, and political group.
3. Self-reference

The trademark application are referring to the Applicant’s proposed product or


services (i.e If the applicant is registering the name “Coffee” for Coffee Products,
or registering the name “Sweet” for Sugar Product)

4. Misleading Terms, referring to names that is misleading in terms of its quality,


type, size, purpose

(i.e : The Best Chocolatoz – this name misleads the quality of the item, 1kg
Margarinse – this name make reference to its size, it does not matter whether the
size is actually 1kg, Healthy Spiritis - Making reference to the nature of the item
being “healthy”)

5. Containing phrases that may confuse or mislead in regard to the benefits or


results of the items

(i.e Healthy Cigarettos, Make-Handsome-Druggios, Rejuvenating Chippz)

6. Too simple, too complex or has no distinguishing feature

(i.e Logo with only one dot, too complex that it cannot be comprehended, too
generic without distinguishing feature)

7. Publicly owned Terms/Logo and/or Generic Terms,


KNA Legal Consultation
Jln. Ciungwanara 1 No. 44
Denpasar 80665, Indonesia
Ph : +6285237909000
@ : kaizar.nararya@gmail.com

Referring to words that is associated with or known as a particular goods or


services, (i.e : Coffee, Sugar, Milk, Vodka, Warung Kopi, Restaurant, are all
generic names) or registering a name or logo that is on the public domain (i.e
Hazardous Pictograms as logo, Religious Symbols, Racial Symbols, Cultural
Symbols).

8. Trademarks that has already registered or granted to other Applicant.

9. Registered Trademarks that is within the same product class/Competing


Product/within the same business scope.

10. Violates Geographical Indication

Is a sign/name/trademark used on products that have a specific geographical


origin and possess qualities or a reputation that are due to that origin.

A Trademark registered with Geographical Indication can only be registered by


an institution, community, or associations, that is represents the local group of
people/local community (i.e Arabica Gayo can be registered by Coffee Farmer
Community of Gayo, Mete Kubu Kintamani can be registered by Almond
Farmer Community of Kintamani)

Timelines

Essentially the Registration of Trademarks may essentially take up to 18 month, with


the following time frame and procedures:

1. Trademark Registration 30 Days


This process takes place online, initially applicant must create
account in merek.dgip.go.id and submit a registration form, this
include the payment for the registration Billing (Rp. 2.000.000.)
through this online portal, the required documents for this process
are :
a) ID of the Applicant
b) Trademark Registration Form
c) Proof of Payment for Trademark Registration
d) Statement of Design Ownership
KNA Legal Consultation
Jln. Ciungwanara 1 No. 44
Denpasar 80665, Indonesia
Ph : +6285237909000
@ : kaizar.nararya@gmail.com

e) Trademark Design in 3 copies

2. Trademark Announcement 60 days


Following the Acceptance of Trademark Registration, the
Registered Trademark will be announced, this is in order to notify
that a particular trademark is under process of registration

3. Objection Period 60 days


Following the announcement if any party considers the applicant
trademark is too similar or in any way contravenes with any
registered trademark, they may submit a complaint to halt the
registration process.

In which case the parties are given 60 days toresolve the


Trademark Conflict
4. Examination 150 days
During this time the Directorate General will conduct in-depth
comparison of the applied trademark with the existing database
and consider the viability for registration
5. Certificate Issuance 30 days
The Certificate will be issued in 30 days after the examination
period has passed and that the applicant trademark is considered
admissible.

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