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New trademark and Geographical Indication Law no. 20/2016
- 2016-12-08 00:00:00

Dear Colleagues,

New trademark and Geographical Indication Law no. 20/2016 is now effective since 25 November 2016.

All pending applications filed before 25 November 2016 will be processed in accordance with the old law until registration. Governing regulations to implement the new provisions, such as non-traditional marks, International Registration, wellknown mark, etc. are expected to be issued within 2 years.

For your easy reference, please find below major changes in the new trademark law.

Trademark Law No. 15/2001

Trademark and Geographical Indication Law No. 20/2016

Registrable trademarks are two dimensional, including words, letters, combinations of numbers, drawings, shapes, combinations of colours, or a combination of these.

In addition to the previously law, the new law introduces new forms of marks that can be protected under the law. Non-traditional marks are 3D, sound and holograms.

 

Procedure and requirements for registering 3D, sound and holograms trademarks applications will be regulated further by Government Regulation.

 

Criteria for absolute grounds of rejection:

1)     Contravene the prevailing laws, regulations, morality, religion, and public order

2)     Indistinctive

3)     Have become public property

4)     Descriptive

 

Criteria for absolute grounds of rejection:

1)     Contravene the prevailing laws, regulations, morality, religion, and public order

2)     Descriptive

3)     Containing elements that can deceive society about origin, quality, type, size, kinds, function or plant variety of the same kinds of goods/services

4)     Containing remark which is not in accordance with the quality, usefulness or benefit of the goods/services produced

5)     Indistinctive

6)     Have become public property

 

n/a

For registered mark which becomes generic, anybody can file application using the generic word only if it is added another word having distinguishing element.

 

Manual filing

 

Electronic filing

Publication comes after substantive examination

Publication comes before substantive examination

 

Opposition period is 3 months

Opposition period is 2 months

 

The substantive examination shall be completed in 9 months

 

Substantive examination shall be completed in 150 working days

Registration shall be completed in 14 months

Registration shall be completed in 9 months

 

Recordal of assignment can be filed for registered mark

Recordal of Assignment can be filed for pending application

 

Renewal can be filed during 12 months until expiry date.

Renewal can be filed during 6 months before expiry date to 6 months after expiry date (grace period).

 

n/a

Renewal for company logo or house mark does not require Statement of use. The renewal must be filed within 6 months before expiry date.

 

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Certificate: Failure to collect trademark certificate within 18 months as from the date of issuance, the registration will be deleted.

 

Criminal sanction to a maximum of 5 year imprisonment and/or fine of Rp. 1 billion

Criminal penalties for trade mark infringement has been doubled to maximumly 5 year imprisonment and/or fine of Rp. 2 billions.

 

If the impact of infringement is detrimental to health, environmental and/or death, the maximum penalty is 10 year imprisonment and/or a fine of Rp. 5 billions.

 

n/a

International Registration (Madrid Protocol)

 

The new law introduces a provision on registration of international trademarks, which will enable Indonesia to adopt the Madrid Protocol. Applications that originate in Indonesia can only be made once the applicant obtains a trademark registration in Indonesia as the basis of the international trademark registration.

 

There are the term “deliberately and without right” in trademark crimes

The new law removes the term “deliberately” from trademark crimes. Public is expected to know whether the product and/or services they use are infringing other parties rights or not.

 

 

 



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