Trademark Opposition Procedure in Indonesia
Trademark opposition in Indonesia is governed under Articles 14 to 19 of LAW OF THE REPUBLIC OF INDONESIA NUMBER 20 OF 2016 ON MARKS AND GEOGRAPHICAL INDICATIONS. The concerned authority is Director General of Intellectual Property (DGIP).
1. Filing Notice of Opposition – Any party may file a notice of opposition against an application within two (2) months from its publication. The notice must contain the grounds of opposition supported by evidence. Within a period of 14 days of receiving the opposition, a copy of the same is served upon the applicant.
2. Filing of Counterstatement – Upon receipt of the notice of opposition, the applicant may file their rebuttal along with evidence within two (2) months from the mailing date of opposition to the DGIP. It is not mandatory to file the counter statement.
3. Substantive Examination – Within a period of 30 days after the deadline to submit counter statement has elapsed, the application proceeds to substantive examination during which the opposition is reviewed and objection, if any, is issued to the applicant. The applicant is then required to submit a response within a period of 30 days. Failure to submit a response would lead to refusal of the application.
4. Order – Once the Registrar has reached a decision, the same is notified to the parties along with grounds of decision.
Appeal to decision of the Opposition
There is no provision for the opponent to file an appeal. However, the applicant may file an appeal to the Mark Appeal Commission against the refusal of their application within a period of 90 days.
For more information on trademark opposition in Indonesia, please write to us at foreign.opp@ssrana.com