Trademark Examination Process Extremely Reduced to 30 Days
Oct 26, 2020
JAKARTA: Indonesia’s newly promulgated law on
“Job Creation” by Parliament (not yet numbered, which has Omnibus character
over other laws and legislations) will among others reduced the Trademark
substantive examination to only 30 days
from its original 150 days , upon which there are no further third parties challenge’s.
The Job Creation Law includes amendments a number of laws, including law No. 13/2016 on Patents and Law No. 20/2016 on Trademarks and Geographical Indications. Pursuant to the provisions of the original draft of this new law, particularly in the Parts in providing Ease and Efficient Conduct to Support Business on Trademarks, a substantive examination for registration of a trademark that is not challenge by any third parties will be completed within 30 days upon fulfillment of the period of announcements, which is 60 days.
In the event, there is a challenge, the substantive examination will be completed within a maximum period of 90 days commencing 30 days after the rebuttal filing period has ended. In the context of previously existing prohibitive barriers, the Government has implemented legal breakthroughs that can resolves various inhibitions of several law mentioned above, resulting in one comprehensive Omnibus law for all.
The amendments on Law no.13/2016 on Trademark are on Article 23 that governs substantive examination, which there on reads as follows:
(paragraph 1) A substantive examination is conducted by an Examiner of the Trademark application registration.
(paragraph 2) All objections and/or rebuttals as referred to in Article 16 and Article 17 shall be considered in the substantive examination as referred to in paragraph (1).
(paragraph 3) In the event that there are no objections as of the end date of the announcement period, a substantive examination shall be performed on the Application.
(paragraph 4) The substantive examination as referred to in paragraph (3) shall be completed within a maximum period of 30 (thirty) Days.
(paragraph 5) In the event that there is an objection within a period of 30 (thirty) Days as from the expiration date for the submission of the objection as referred to in Article 17, a substantive examination shall be performed on the Application.
(paragraph 6) The substantive examination as referred to in paragraph (5) shall be completed within a maximum period of 90 (ninety) Days.
(paragraph 7) In the event that it is necessary to carry out a substantive examination, trademark expert examiner outside of the existing Examiner may be appointed.
(paragraph 8) The results of the substantive examination conducted by experts in Trademark examiners outside the existing Examiner as referred to in paragraph (7), can be deemed equal as the results of the substantive examination conducted by the Examiner, with the approval of the Minister.
Apart from Article 23, the provisions in Article 20 of the Trademark Law are also amended by adding a category of trademarks that previously cannot be registered, that is Trademarks that contain functional forms. (rie/rkh/su)
For further inquiries on Trademark Registration in Indonesia, please feel free to contact Ms. Risti Wulansari at risti.wulansari@kk-advocates.com.
*****
