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Indonesia, including Yogyakarta, follows a first-to-file system for trademark registration under Law No. 20 of 2016 concerning trademarks and geographical indications. This law applies to both goods and services in line with the Nice Classification. It provides protection for registered trademarks, service marks, collective marks, and certification marks. Businesses, starting from local SMEs to multinational corporations operating or intending to operate in Yogyakarta, should consider protecting their trademark to prevent any infringement.
The process of trademark registration and protection in Indonesia can be complex. It involves various legal procedures which necessitate significant expertise in intellectual property law. Lawyers with particular experience in trademark law can assist with researching existing trademarks, filing a trademark application, handling objections or rejections, litigating any issues of trademark infringement, and more. If you're venturing into a new business or looking to safeguard your established brand, obtaining professional legal help is a must.
In Yogyakarta, as in the rest of Indonesia, the Directorate General of Intellectual Property (DGIP) administrates trademark registrations. The process usually takes close to 24 months under normal circumstances. It is important to note that registration is crucial as the law only recognizes registered trademarks. There is a 30 days period for public examination before it gets officially registered. Be aware that the trademark protection lasts for ten years and can be renewed. Violation of trademark law can result in both civil and criminal penalties.
Yes, foreigners can register a trademark in Yogyakarta, Indonesia. However, they will require a local address for correspondence which could be arranged with the help of a legal representative in-country.
Yes, a business can register multiple trademarks. Each product or service can have its own unique trademark.
An application must contain the name and address of the applicant, a clear representation of the mark, and a list of goods or services to be protected.
If your application is denied, you can file an appeal with the Commercial Court within 90 days of receiving the rejection notice.
It normally takes around 24 months to register a trademark, assuming no objections or oppositions are raised.
No, trademark protection in Indonesia is only valid within the country unless you also register in other countries or through an international registration system like the Madrid Protocol.
Trademark renewal can be done within six months before the expiration date by submitting an application to DGIP with corresponding fees.
This constitutes trademark infringement. The owner can initiate legal action by filing a complaint in the Commercial Court.
After three years of non-use from the registration date, a trademark can be cancelled by any party who has interest.
Yes. A registered trademark can be transferred or sold. The transfer must be recorded with the DGIP to be effective against third parties.
The Director General of Intellectual Property serves as the primary governmental resource for trademark related concerns. Additionally, the Indonesia Trademark Society and the Indonesia Intellectual Property Rights Society provide support to the industry.
If you require legal assistance regarding a trademark, the first step is to consult with a legal professional who is well-versed in trademark law. They can guide you through the process of trademark registration, enforcement, dispute, and litigation, ensuring that your interests are protected within the ambit of law.
