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MARK REGISTRATION PROCEDURE IN INDONESIA

(Based on Law No. 15 Year 2001 on Trademark)


REGISTRATION (Article 7-17)
• 30 days since date of receipt (article 18 [1])
SUBSTANTIVE EXAMINATION • Substantive Examination for 9 months (article 19[3])
• Publication in BRM [article 20 (1)]

REJECTED
PUBLICATION (article 21) Written Notification (30 days after the date of receipt)
10 days after approval to register

PUBLICATION (article 22) OPPOSITION REBUTTAL


3 months after published in BRM (article 24) (article 25)
2 months
A copy of correspondence must be sent to
applicant within 14 days from receipt
(article 24 [3])

RE-EXAMINATION (Article 26[2]) ACCEPTED REJECTED


for 2 (two) months

DELETION (article 61) REGISTERED (article 27[1]) REJECTED


CANCELLATION
(article 68)
30 days after end of publication APPEAL [article 31 [3])
For 3 (three) months
REJECTED ACCEPTED REJECTED

ACCEPTED 10 (ten) years

RENEWAL (article 28) Note:


Starting in 12 months before end of mark Penal Provision: article 90 – 95
protection (article 35 [2])
Procedure of a Lawsuit for the Cancellation of Mark
Registration at the Commercial Court
(Article 80-82 Law No. 15 Year 2001)
A lawsuit (shall be filed at A lawsuit for the
The Commercial Court) cancellation of a
Within a period of 5 years registered Mark
after the date of Mark Registration be filed by any
(Article 69 [1]) interested party
based on the ground
referred to in
Registration of the Lawsuit Article 4,5, or 6
On the date is filed (Article 68 [1])

Dispatch to the Head of Commercial Court


2 days after the registration date

The summons of parties concerned


7 days after the registration date

The examination on a lawsuit


60 days after the registration date

A decision on a lawsuit Dispatch the decision to the parties


90 days after the registration date,
may be extended for 30 days 14 days after the issuance of decision
Cassation
(Article 83 Law No. 15 Year 2001)
Request for a cassation Upon the decision of the Commercial Court
14 days after the date of decision may only be filed a cassation (Article 82)

Registration the request for a cassation


On the date is filed

Submission the brief for the cassation


by the applicant for a cassation
7 days from the date of filing of request

Submission a counter against the cassation


by the defendant
7 days after the date the defendant received
the brief of cassation

The examination hearing on the request for cassation


60 days after the date on which the request received by the Supreme
Court

A decision on the cassation


90 days after the date on which the request received by the Supreme
Court

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