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Indonesia - Trademark Substantive Examination Period has been shortened
Yenny Halim - Jakarta 2021-03-03 02:06:25

The current Trademark Law No. 20 year 2016 which was promulgated on 25 November 2016 provides significant basis for digitalization process of trademark registration and mechanism of international trademark registration. As from 2 January 2018, trademark applicants have been able to seek trademark protection under Madrid Protocol. And, as from 17 August 2019, applicants have been able to file trademark application electronically.

However, the waiting time to get trademark examination decision are still too long. Applicants have to wait more than one year to know if their trademark applications are going to be registered or rejected.

Trademark Law No. 20 year 2016 was amended by Job Creation Law no. 11 year 2020. For implementation, Minister of Law and Human Rights Regulation No. 12 year 2021 amends Regulation No. 67 year 2016 concerning with Trademark Registration. Under this regulation, the trademark substantive examination period is significantly shortended from 150 working days to 30 working days or, in case there is an opposition, 90 working days. This new requlation also cuts the waiting time to start substantive examination which was previously 30 working days after the end of publication. Trademark applications filed as from 3 February 2021 will enjoy this shorter examination period. It is therefore expected that a trademark registration process can be completed wtihin 6 months.



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Indonesia - Trademark Substantive Examination Period has been shortened
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