A mark is very significant in the industry area both in the field of trade and services, where the mark was instrumental in improving the results obtained in the field of business, especially the business sector has a high economic value and have been widely recognized by the public. It is unfortunate when you have tried as much as possible from the beginning with manufacture and market your products using your own mark has been used by others. It is necessary to the legal protection of your mark. A mark is an asset and must be protect well. The right are granted by the government  if the trademark has been registered, we, NSP Law Office  has experience in legal services in the area of intellectual property rights can help you in achieving legal protection for your mark and the right to obtain both the national and internationally.
 
The right of mark is an exclusive right that is granted by the government to the owner of the trademark or use the trademark or to permit another person to use it. A trademark is a word or words, a symbol, pictures, letters, a color composition or a combination of these elements that has distinguishing features. The trademark can makes the customer consistent with your trademark that the quality and integrity of the product or service from your trademark.
 
A mark can be categorized as a:
  1. Trademark, which is defined as a Mark that is used on goods traded by a person, by several persons, or by a legal entity to distinguish them from other similar goods.
  2. Service Mark means a Mark used for services traded by a person or collectively by several persons or a legal entity to distinguish them from other identical services.
  3. Collective Mark means a mark that is used on goods and/or services having the same characteristics that are traded jointly by several persons or legal entities to distinguish them from other similar goods and/or services.
The right of a Mark is a State-granted exclusive right to the owner of the mark, who is registered to the General Registry of Mark for a certain period of time to exploit or to grant consent to parties who wish to use it.
 
 
Trademark Services
 
Our services in trademark matters (trademark, service mark, and collective mark) include as follows  :
  1. Filing application registration of the mark in the Indonesian Trademark Office.
  2. Trademark renewal.
  3. Recording the change of name/address.
  4. Recording the assignment of right.
  5. Filling hearing, opposition, rebuttal, appeal. 
  6. Filling license agreement.
  7. Trademark search.
  8. Handling cancellation action.
  9. Trademark watch and monitoring services
  10. Providing opinion on trademark validity and infringement.
  11. Enforcing trademark right against infringement.
  12. Defending clients against infringement charges by others, as well as representing clients in disputes resolution through either legal proceeding or negotiation.
Filing application and obtaining registration of the mark in The Indonesian Trademark Office.
 
A mark may not be registered if it contains one of the following elements:
  1. It is offensive to the prevailing laws, religious morality, politeness or public order
  2. It has no distinguishing features
  3. It has become a public domain
  4. It constitutes information or relation to the goods or services for which registration is requested
An Application shall be rejected by the Directorate General if the Mark:
  1. has any substantial or total similarity to a mark of another party which has already been registered earlier for identical goods or services
  2. has any substantial or total similarity to a well-known Mark of another party for identical goods and/or services
  3. has substantial or total similarity to a well-known geographical indication
  4. is identical with/or similar to the name of a famous person, photograph, or the name of a legal entity of another person, unless with a written consent from the entitled
  5. is in the form of copies or resembles a name or an abbreviated name, flag, sign or symbol or emblem of a country or national or international institution, unless with a written consent from the authorized
  6. is in the form of copies or resembles the official sign, seal, or stamp that is used by a country or Government institution, unless with a written consent from the authorized
The present legislation maintains the purely “first-to-file” as a prerequisite for establishing trademark rights.
 
The requirement needed for filing trademark application of registration are as follows:
  1. The Power of attorney (simply sign) legalization no required
  2. Declaration Letter (simply sign) legalization no required
  3. Copy of Identity Card of the owner or Director (For company)
  4. Copy of NPWP and Company Notary Act (legalize) (For company)
  5. Copy of the stand of the company (legalize)
  6. Mark labels, contains by 25 sheets per mark per class, the minimum size = 2 x 2 cm; the maximum size = 9 x 9
For foreign applicant :
An Application that is filed by an Applicant who resides or permanently domiciles outside the territory of the Republic of Indonesia must be filed through a attorney in Indonesia.  (Article 10 Law of the Republic of Indonesia  No.15 Year 2001). The Applicant as referred to in paragraph (1) shall choose the address of  Attorney in Indonesia.
The requirement are as follows :
  • Power of Attorney and Declaration Letter legalization no required, Mark label (25 sheets).
  • Mark labels, contains by 25 sheets per mark per class, the minimum size = 2 x 2 cm; the maximum size = 9 x 9
 
Once a trademark is registered, it will last for ten (10) years computed retroactively from its filing date and it is renewable. A registered Mark shall have legal protection for a period of 10 (ten) years from the acceptance date of an Application, for which the protection period is subject to be extended.
 
An Application for extension shall be filed in writing by either the owner of the mark or his Proxy within a period of 12 (twelve) months prior to the expiry period of protection of the registered mark.
 
 
Trademark renewal
 
Application for renewal may be lodged at any time, provided no earlier than twelve (12) months before the expiry date of the registration. Practically, no evidence of use is to be submitted however the applicant is required to assert that the applicant or its license still uses and will continue to use said registered trademark in the form of Statutory Declaration as above mentioned.
 
Filling Trademark renewal  are required to maintain the registration of a trademark. If you do not make these filing your trademark will be considered abandoned by the Indonesian Government and all of your registration right will be lost.
 
Specifically, there are filing due the ninth until tenth year of ownership and ten years thereafter. The Indonesia Government will not notify you of these requirements. It is completely your obligation to make these filing.
 
If you think  filing renewal trademark may be due for your trademark, please contact us and  our office will respond within 24 hours and provide you with a flat rate quote to handle any filing that may be due.
 
The requirement which is needed for filing renewal trademark application of registration are as follows:
  1. Power of attorney (simply sign) legalization no required
  2. Declaration Letter (simply sign) legalization no required
  3. Copy of Identity Card of the owner or Director
  4. Copy of NPWP and Company Notary Act (legalize) (For company)
  5. Copy of the stand of the company (legalize)  (For company)
  6. Mark label for 25 sheets per mark per class, the minimum size = 2 x 2 cm; the maximum size = 9 x 9 cm (based on the label which is describe in the certificate of the mark).
 
For foreign applicant :
An Application that is filed by an Applicant who resides or permanently domiciles outside the territory
  1. Power of attorney (simply sign) legalization no required
  2. Declaration Letter (simply sign) legalization no required
  3. Mark label for 25 sheets per mark per class, the minimum size = 2 x 2 cm; the maximum size = 9 x 9 cm (based on the label which is describe in the certificate of the mark).
Recording the change of name/address
The requirement which is needed for filing recording the change of name/address are as follows:
  1. The change or ownership (eg. Change of Name/Address, Merger, etc.) can be filed to the Directorate General to be recorded in General Registry only for a registered mark.
  2. Power of attorney (simply sign) legalization no required
  3. Declaration Letter (simply sign) legalization no required
  4. Certified extract from the Commercial Register evidencing the change of name/address, shall be legalized up to the Indonesian Consulate; or copy of the name change certificate, shall be legalized up to the
Recording the assignment of right
 
Recording the assignment of rights is conducted if there is a party of the trademark owning do the assignment to the other party of their trademark. The assignment must be noted to the Trademark Office, Directorate General of Intellectual Property.
 
The requirement which is needed for filing recording the assignment of rights are as follows:
  1. Power of attorney (simply sign) legalization no required
  2. Declaration Letter (simply sign) legalization no required
  3. The evidence of the assignment  shall be legalized up to the Indonesian Consulate
  4. Copy of Certificate of good/service mark
Trademark Opposition /objection Proceeding, rebutal
 
All trademark applications have for  90 days period of opposition. This means that anyone (another person or company) can oppose the registration of an application. Opposition/objection is an effort which is conducted to the application of registration of mark of good/service of other party owning a similarity in essence and also in entirety with the trademark which have been registered before at Trademark Office.
 
Trademark Opposition/objection proceeding is conducted by the owner of trademark which have been registered in writing through their Law Authority during publication period (a period of publication within 3 month (90 days); Article 22 Section 1 of Indonesian Trademark Law No. 15 of 2001) that is addressed to Directorate General of Intellectual Property Right.
 
As your trademark opposition/objection Attorney, NSP Law Office can represent you in any trademark opposition/objection matter before the Indonesia Trademark Office.
 
As for the requirement which is needed for filing opposition/objection are as follows:
  1. Power of attorney (simply sign) legalization no required
  2. The brochures or leaflets
  3. Copy of Trademark Certificate
  4. The entertainment in media print and electronic (if there is).
 
Rebuttal is a disagreement or denial which is conducted to the the opposition/objection that have filed by the other party to the individuality or a company who filed an application of a registration of trademark. Rebuttal or denial is conveyed by giving the reason and legal basic of Law that the opposition/objection filed by the other party is not true and it does not have a basic of Law and strong evidence.
 
As for the requirement which is needed for filing rebutal are as follows:
  1. Power of attorney (simply sign) legalization no required
  2. Copy of the application of registration of the trademark
  3. The brochures or leaflets and the other evidence (if there is).
 
Trademark Search
 
Search of Mark must be conducted before  the registration of trademark is filed.
 
The requirement which is needed for searching trademark are as follows:
1.  The name of the trademark and the kind of goods/services 
    2. Mark Label
 
Handling cancellation action
 
Cancellation of Mark can be performed by or with:
 
 
  1. On the initiative of the Trademark Office
  2. The mark has not been used for 3 (three) consecutive years in trade of goods and/or services from the date of registration or of the latest use.
 
  1. The mark is used for the kind of goods and or service which is not in pursuant to the kind of goods or services for which the mark application for registration was filed.
  1. At the request of the owner of the mark concerned
  2. Based on the decision of the court 
 
NSP Law Offices  can help you take action the cancellation of the mark that has been registered in  Directorate Mark of Indonesia that has harmed you either through mediation or through litigation on court
 
Trademark Monitoring Services
 
Once you achieve trademark registration, you have been granted very important and powerful right in your trademark. That being said, you have several legal responsibilities as a trademark owner. If you do not meet these responsibilities you can lose the right you have earned in your trademark
 
Providing opinion on trademark validity and infringement
 
We providing legal opinion on trademark is a law opinion to aspect which is concerning about law problems specially everything which related with the trademark.
 
Litigation and Non Litigation
 
We providing Litigation and Non Litigation is an effort which have been done of the law problem which is related with trademark in the court step or out of court.