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Legal Updates | Current Policy on the Completion of Applications for Registration of Marks

On 19th January 2018, the DGIP issued Circular Letter No. HKI.4.UM.01.01-10 on Completion of Applications for Registration of Marks ("Circular Letter").

The Circular Letter provides that to speed up the process of completion of applications to register marks that were filed before the enactment of Law No. 20 of 2016 on Marks and Geographical Indications on 26 November 2016 ("Trademark Law"), below are the noteworthy points under the Circular Letter:

  1. For applications that were filed before 26th November 2016 (in accordance with Government Regulation No. 45 of 2014 on Types and Tariffs of Non-Tax State Revenue Applicable to the Ministry of Law and Human Rights ("Regulation 45")):

    1. If there is a discrepancy between the official fees paid and the number of items of goods/services applied for, the application will be processed in accordance with the official fees that have been paid. Any excess items of goods/services will be unilaterally removed from the application.
    2. If some goods/services covered are not in accordance with the class indicated by the applicant, the DGIP will unilaterally delete the goods/services concerned on the application form.
    3. If the class indicated by the applicant is not in accordance with the goods/services covered, the DGIP will unilaterally amend the class indicated according to the prevailing regulations.
    4. The deletion and amendment as referred to in points (b) and (c) above will be notified in writing to applicants.

  2. For applications that were filed before 3rd July 2014 (in accordance with Government Regulation No. 38 of 2009 on Types and Tariffs of Non-Tax State Revenue Applicable to the Ministry of Law and Human Rights ("Regulation 38")):

    1. If the class indicated by the applicant is not in accordance with the goods/services covered, the DGIP will unilaterally amend the class indicated according to the prevailing regulations.
    2. If there is a shortfall of official fees, the DGIP will notify applicants to pay the shortfall.

For reference, with regard to the structure of official fees payable to the DGIP, the following are differences in the official fees payable to the DGIP for filing a new trademark application between Regulation 45 and Regulation 38:

 

Conclusion

The DGIP hopes that the issuance of the Circular Letter will speed up the examination process and reduce the DGIP's backlog of trademark applications, in particular of those filed before the enactment of the Trademark Law, and that applications filed after the enactment of the Trademark Law will be processed in accordance with the timeline stipulated under the Trademark Law. Nevertheless, some of the new policies may not be advantageous to applicants, as the DGIP will unilaterally amend or delete some of the goods/services applied for under a trademark application, and the applicants will have no opportunity to respond.

Hadiputranto, Hadinoto & Partners, Member of Baker & McKenzie International - 23rd Feberuary 2018

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Capital: Jakarta
Population: 259 million (2016)
Currency: Indonesian Rupiah
Nominal GDP: $936 billion USD (IMF, 2016)
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