CHAPTER III: APPLICATION FOR REGISTRATION OF TRADE MARK

Part One: General

 

Article 8

(1) An application for registration of a trade mark for two or more classes of goods and or services may be filed in a single application.

(2) The application as referred to in paragraph (1) shall clearly mention the kinds of goods and or services which are covered by the class applied for registration.

(3) The classes of goods or services as referred to in paragraph (1) shall be further regulated in a Government Regulation.

 

Article 9

(1) An application for registration of a trade mark shall be filed in writing in the Indonesian language to the Trade Mark Office.

(2) An application for registration of a trade mark shall contain:
  1. the date, month, and year;
  2. the full name, citizenship and address of the owner of the trade mark;
  3. the full name and address of the proxy if the application for registration of a trade mark is filed through a proxy;
  4. the address chosen in Indonesia, if the owner of the trade mark resides outside the territory of the Republic of Indonesia;
  5. the type of color, if the trade mark for which registration is requested uses color elements;
  6. the class and kind of goods or services, for the trade mark for which registration is requested; and
  7. the name of the state of the first application for registration of the trade mark, where the application for registration is filed with a priority right.

(3) The letter of application for registration of a trade mark as referred to in paragraph (2) shall be signed by the owner of the trade mark or his proxy.

(4) Where an application for registration of a trade mark is filed by more than one person or legal entity which are jointly entitled to the trade mark, the name of the persons or legal entities which file the application shall be included by choosing one address as their address.

(5) Where an application for registration of a trade mark is filed as referred to in paragraph (4), said application shall be signed by one person or representative of the legal entity which is entitled to the trade mark by attaching a written consent of the other persons or legal entities.

(6) Where an application for registration of a trade mark as referred to in paragraph (4) is filed through a proxy, the power of attorney for this purpose must be signed by all who are entitled to said trade mark.

 

Article 10

  1. An application for registration of a trade mark as referred to in Article 9 shall be furnished with:
  1. a written statement that the trade mark being filed for registration is the property of the applicant;
  2. 20 (twenty) specimens of labels of the trade mark concerned;
  3. supplement to the State Gazette containing the of establishment of the legal entity or a valid copy of the deed, if the owner of the trade mark is a legal entity;
  4. a power of attorney, if the application for registration of a trade mark is filed through a proxy; and
  5. the payment of all fees for registration of a trade mark, the kind and amount of which shall be stipulated in a Ministerial Decree.

(2) Any label of trade mark which uses a foreign language and or containing any letter other than Latin alphabets, or numerals which are not commonly used in Indonesian language shall be furnished with its translation into Indonesian language using Latin alphabets, and numerals commonly used in Indonesian language, and its pronunciation in Latin spellings.

(3) Provisions regarding application for registration of a trade mark shall be further regulated in a Government Regulation.

 

Article 11

(1) An application for registration of a trade mark which is filed by an owner or by persons entitled to the trade mark who reside or are domiciled outside the territory of the Republic of Indonesia must filed through a proxy in Indonesia.

(2) The owner or persons entitled to the trade mark as referred to in paragraph (1) must state and choose the domicile of the proxy as their address in Indonesia.

 

Part Two : Application for Registration of a Trade Mark with Priority Right

 

Article 12

An application for registration of a trade mark which is filed with a priority right as provided for in the international convention on trade mark protection to which the Republic of Indonesia adheres shall be filed within a period of 6 (six) months at the latest, commencing from the filing date of the application for trade mark registration filed for the first time in another member country to the international convention or in a country which is a member of the World Trade Organization.

 

Article 13

(1) In addition to fulfilling the provisions as referred to in Part One of this Chapter, an application for registration of a trade mark with a priority right must also include evidence of the receipt of the application for registration for the first time which gives rise to said priority right.

(2) The Trade Mark Office may request that the evidence of the priority right as referred to in paragraph (1) be translated into Indonesian language.

(3) Where the provisions as referred to in paragraphs (1) and (2) are not fulfilled within a period of at most 3 (three) months after the expiry of the right to file an application for registration of a trade mark by using a priority right as referred to in Article 12, the application for registration of a trade mark by using a priority right shall be deemed to have been withdrawn.

(4) The Trade Mark Office shall notify the person or legal entity or the proxy who filed the application for registration of a trade mark which is deemed to have been withdrawn as referred to in paragraph (3) in writing, stating the reasons therefor.

 

Part Three : Examination of the Completeness of Requirements

 

 

 

 

Article 14

(1) The Trade Mark Office shall conduct an examination of the completeness of requirements for registration of a trade mark as referred to in Article 9, Article 10, Article 12, and Article 13.

(2) Where there are deficiencies in the completeness of requirements as referred to in paragraph (1), the Trade Mark Office shall request that such deficiencies be remedied within a period of at the latest two months from the date of receipt of the letter from the Trade Mark Office requesting the completion of such deficiencies.

(3) Where such deficiencies pertain to the requirements as referred to in Article 13, the period of remedying the deficiencies in said requirements shall be at the latest 3 (three) months from the date of expiry of the period of filing of an application for registration of a trade mark by using a priority right.

 

Article 15

(1) Where deficiencies in the requirements have not been fulfilled within the respective period as referred to in Article 14 paragraph (2) or paragraph (3), the application for registration of a trade mark shall be deemed to have been withdrawn.

(2) The Trade Mark Office shall notify the person or legal entity or the proxy who filed the application for registration of a trade mark deemed to have been withdrawn, stating the reasons therefor.

 

Part Four : The Period for Receipt of an Application for Registration of Trade Mark

 

Article 16

(1) Where all requirements as referred to in Article 9, Article 10, Article 12 and Article 13 have been fulfilled, the date of receipt of the application document of a trade mark shall be stipulated as the filing date of the application for registration of a trade mark.

(2) The Trade Mark Office shall record the filing date of the application for registration of a trade mark as referred to in paragraph (1).

 

Part Five : Amendment and Withdrawal of an Application for Registration of a Trade Mark

 

Article 17

(1) Amendment of an application for registration of a trade mark shall only be allowed by withdrawal of the initial application and filing of a new an application for registration of a trade mark.

(2) The provisions on amendment and withdrawal of an application as referred to in paragraph (1) shall be regulated further in a Government Regulation.

 

Article 18

(1) As long as a decision of the Trade Mark Office has not been obtained, the person or legal entity or proxy who filed an application for registration of a trade mark may withdraw the application for registration of a trade mark.

(2) Where the withdrawal of the application as referred to in paragraph (1) is made by a proxy, it must be made on the basis of a power of attorney for the purpose of said withdrawal.

(3) Where an application for registration of a trade mark is withdrawn, all fees which have already been paid to the Trade Mark Office cannot be withdrawn.

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