Definition

Based on Article 1 of the Law of the Republic of Indonesia Number 20 of

2016 Concerning Trademarks and Geographical Indications Application for Mark
Registration is Submitting for registration of a sign that can be displayed graphically
in the form of an image, logo, name, word, letter, number, arrangement of colors, in
the form of 2 ( two) dimensional and/or 3 (three) dimensional, sound, hologram, or a
combination of 2 (two) or more of these elements to differentiate goods and/or
services produced by persons or legal entities to be registered on the Intellectual
Property Database (PDKI) ) and its ownership has legal force.

Process Flow
Process Flow for Application for Trademark Registration Based on Law of the
Republic of Indonesia Number 20 of 2016 Concerning Trademarks and Geographical
Indications. In this Law what is meant by Mark is a sign that can be displayed
graphically in the form of an image, logo, name, word, letter, number, or arrangement
of colors, in 2 (two) dimensions and/or 3 (three) dimensions, sound, holograms, or a
combination of 2 (two) or more of these elements to differentiate goods and/or
services produced by persons or legal entities in the activities of trading in goods
and/or services.

Refusal of Trademark Registration

Trademarks cannot be registered on the basis of an application submitted by
an applicant with bad faith. Based on Article 5 of Law no. 20/2016, a mark cannot be
registered if the mark contains one of the following elements:
1. contrary to applicable laws and regulations, religious morality, decency, or public
order;
2. has no discrimination;
3. has become public property; or
4. is a description of or related to the goods or services being applied for
registration.

Trademark Registration Application

Article 7 paragraph (1) Law no. 20/2016 stipulates that registration must be
submitted in writing in Indonesian to the Directorate General, stating:
1. date, month, and year; 2.
2. full name, nationality, and address of the applicant; 3.
3. full name and address of the power of attorney if the Application is filed through
a Proxy; 4.
4. colors if the mark being applied for registration uses color elements; 5.
5. name of the country and date of the first application for the mark if the
application is filed with priority rights.

The application must be signed by the applicant or his attorney. The applicant
may consist of one person or several people together or a legal entity. Applications
submitted by applicants who reside or have permanent domicile outside Indonesia
must be submitted through a power of attorney in Indonesia. Applications for 2 (two)
or more classes of goods and/or services can be submitted in one application.
Applications with priority rights must be filed no later than 6 (six) months from the
date the application for registration of a mark is first received in another country that
is a member of the Paris Convention for the Protection of Industrial Property or a
member of the Agreement Establishing the World Trade Organization. If the
administrative requirements referred to above have been met, the Directorate General
will provide the date of receipt. The date of receipt is the date when an application is
deemed to have met the administrative requirements.

Substantive Examination
At the latest 30 (thirty) days from the date of receipt, the examiner at the
Directorate General will conduct a substantive examination of the application. The
substantive examination must be completed no later than 9 (nine) months. If the
application can be accepted based on a substantive examination, then based on the
approval of the Directorate General, the application will be announced in the Mark
Gazette. If the application is rejected, the Directorate General will inform the
applicant or their proxy of the refusal in writing and also the reasons for the refusal.

Announcement Period
The application will be announced in the official mark news no later than 10 (ten)
days from the date of approval of the application for registration by the substantive
examiner. An announcement is made by the listing full name and address of the
applicant, including the power of attorney if the application is filed through a power
of attorney; class and type of goods and/or services for the mark being applied for
registration; receipt date; the name of the country and the date of receipt of the
application for the first time, if the application is filed using priority rights; And
examples of brands, including color information and if the brand label uses a foreign
language and/or letters other than Latin letters and/or numbers that are not commonly
used in Indonesian, accompanied by their translation into Indonesian, Latin letters or
numbers commonly used in Indonesian, as well as how it is pronounced in Latin
spelling.

Object
The announcement will be made for 3 (three) months, and during the announcement
period, each party can submit an objection to the application in writing to the
Directorate General. Objections can be filed if there are sufficient reasons
accompanied by evidence that the trademark application must be rejected or cannot be
registered. If there are objections, the Directorate General will send a copy of the
objection letter to the applicant or his attorney no later than 14 (fourteen) days from
the date of receipt of the objection by the Directorate General. The applicant or his
attorney has the right to submit a written objection to the objection within a maximum
period of 2 (two) months from the date of receipt of a copy of the objection from the
Directorate General. The Directorate General will re-examine the application based
on the applicant's objections and rebuttals. Re-examination must be completed no
later than 2 (two) months after the end of the announcement period. If the examiner
reports that the objection can be accepted, the Directorate General will inform the
applicant or their attorney that the application cannot be accepted or rejected. If the
objection is accepted, then the applicant or his attorney can file an appeal. If the
examiner decides that the objection is rejected, the application will be registered in the
general register of marks, with the approval of the Directorate General.

Certificate Issuance
Article 27 Law no. 20/2016 stipulates that if there are no objections to the
application, the Directorate General issues and issues a brand certificate to the
applicant or their attorney within a maximum period of 30 (thirty) days from the
expiration date of the announcement period. However, if there are objections and the
objections are rejected, the Directorate General issues and issues a brand certificate to
the applicant or their attorney no later than 30 (thirty) days from the date the
application is approved for registration.