2006 Alpha International Patent. All rights reserved.
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Trademark                     
Requirements for Filing a Trademark Application

  • Executed Power of Attorney (no legalization or notarization is required)
  • Executed Declaration (no legalization or notarization is required)
  • 30 specimens of mark, with size min 2x2 cm, max 9x9 cm 
  • Certified copy of Priority Document (if priority is claimed). 

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What is Trademark?

  • Mark shall mean a sign in the form of a picture, name, word, letters, figures, composition of colours, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services.
  • Trade Mark shall mean a Mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kind.
  • Service Mark shall mean a Mark that is used for services traded by a person or by several persons jointly or a legal entity to distinguish the services from other services of the same kind.
  • Collective Mark shall mean 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 the goods and/or services from others of the same kind.

Marks That Cannot be Registered and That are Rejected

A Mark shall not be registered if it contains one of the following elements:
  • Contradicting with the prevailing rules and regulation, morality of religion, or public order;
  • Having no distinguishing features;
  • Having become public property; or
  • Constituting information or related to the goods or services for which registration is requested.
An Application for registration of a Mark shall be refused by the Directorate General if the relevant Mark:
  • has a similarity in its essential part or in its entirety with a Mark owned by another party which has previously been registered for the same kind of goods and/or services.
  • has a similarity in its essential part or in its entirety with a well-known Mark owned by another party for the same kind of goods and/or services.
  • has a similarity in its essential part or in its entirety with a known geographical indication.

Criminal Provisions

  • Any person who deliberately and without right uses a Mark which is similar in its entirety to a registered Mark of another party for the same kind of goods and/or services produced and/or traded shall be sentenced to imprisonment for a maximum period of 5 (five) years and/or a fine of a maximum amount of Rp1.000,000,000.00 (one billion rupiahs).
  • Any person who deliberately and without right uses a Mark which is similar in its essential part to a registered Mark of another party for the same kind of goods and/or services produced and/or traded shall be sentenced to imprisonment for a maximum period of 4 (four) years and a fine of a maximum amount of Rp800,000,000.00 (eight hundred million rupiahs).