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     Art. 7-12 of RI Trademark Law provides all administrative requirements to file an application. Where all administrative requirements have been fulfilled, the applicant shall be given a filing date which shall be recorded by the Directorate General.14 The application can be amended, nevertheless such amendment shall only be allowed for the change of name and/or address of the applicant or his proxy.15 It also can be withdrawn by the applicant or his proxy, under circumstances that such application has not been decided by the Directorate General.16

    The procedure of registration is as followed:

  1. Examination: the Directorate General shall conduct a substantive examination of an application with due regard to the provision of Art. 4-6 of RI Trademark Law within the period of 30 days at the latest from the filing date. The substantive examination shall be conducted by the examiner at the Directorate General. (Art. 18, 19)
  2. Announcement of the result of examination:
  3. a. In case of approval: where the examiner concludes the result of the substantive examination that an applicant can be approved for registration, the Directorate General with the approval of the Director General shall announce the application in the Official Gazette of Marks within 10 days and the announcement shall last for 3 months. (Art. 20 par. [1], Art. 21, and 22)
    b. In case of refusal: here the Examiner concludes the result of the substantive examination that an application cannot be registered or shall be refused, the Directorate General with the approval of the Director General shall notify in writing the applicant or his proxy stating the reasons therefore. (Art. 20 par. [2]) Within 30 days at the latest from the date of receipt of the notification, the applicant or his proxy may submit an objection or a comment, stating the reasons therefore. (Art. 20 par. [3]) Unless the Directorate General shall decide on the refusal of the application. (Art. 20 par. [4]) Where the applicant or his proxy submits the above objection (Art. 20 par. [3]) and the Examiner concludes that such objection or comment can be accepted, the Directorate General with the approval of the Director General shall announce the relevant application in the Official Gazette of Marks. (Art. 20 par. [5]) Where the Examiner concludes that such objection or comment cannot be accepted, the Directorate General with the approval of the Director General shall decide on the refusal of the application. (Art. 20 par. [6])

     3. Objection, rebuttal, and re-examination:
         a. Objection: during the period of the above announcement (point 2.a.), any person or legal entity may file an objection to an application, in writing to the Directorate General, where there is sufficient reason accompanied by evidence that the mark for which registration is requested is a mark, which under RI Trademark Law shall not be registered or shall be refused. In such case, the Directorate General shall within 14 days at the latest from the date of receipt of the objection send a copy of the letter containing said objections to the applicant or his proxy. (Art. 24 par. [1]-[3])
         b. Rebuttal: the applicant or his proxy shall be entitled to file a rebuttal to such objection at the Directorate General in writing within 2 months at the latest from the date of receipt of the copy of the objection sent by the Directorate General. (Art. 25 par. [1] and [2])
         c. Re-examination: in the case of objection and/or comment, the Directorate General shall use that objection and rebuttal as material to be considered in the re-examination of the application that has been announced (point 2.a.), which shall be completed within 2 months from the date of expiry of the announcement and the Directorate General shall notify the result in writing to the party having filed the objection. Where the examiner concludes that the objection can be accepted, the Directorate General shall notify the applicant on writing that the application cannot be registered or is refused; and in such case, the applicant or his proxy may file a request for an appeal petition. Where the objection cannot be accepted, with the approval of the Director General, the application shall be registered in the General Register of Marks. (Art. 26 par. [1]-[5])

     4. Certificate of Mark:
       a. In case there is no objection: where there are no objections as referred to in point 3.a., the Directorate General shall issue and grant a Mark Certificate to the applicant or his proxy within 30 days at the latest from the date of expiry of the announcement period. (Art. 27 par. [1])
         b. In case an objection cannot be accepted: in the case that an objection cannot be accepted as referred to in point 3.c., the Directorate General shall issue and grant a Mark Certificate to the applicant or his proxy within 30 days at the latest commencing from the date the relevant application was approved for registration in the General Register of Marks. (Art. 27 par. [2])
        c. Content of Mark Certificate: the Mark Certificate shall contain: 1) the full name and address of the owner of registered mark; 2) the full name and address of the proxy, where the application is filed based in Art. 10; 3) the date of application and date of filing; 4) the name of country of and the first filing date, where the application is filed with the priority rights; 5) the specimen of registered mark, including the illustration of the colours of the mark uses colour elements, and if the mark uses a foreign language and/or letters other than Latin and/or figures that are not commonly used in the Indonesian language, it shall be furnished with the translation in the Indonesian language, Latin letters and figures that are commonly used in the Indonesian language, and the spelling in Latin; 6) number and date of registration; 7) class and type of goods and/or services of the registered mark; and 8) period of validity of the mark registration. (Art. 27 par. [3])

     5. Appeal Petitions:
      a. Filing an appeal petition: a petition for appeal may be filed against the refusal of an application on the grounds of substantive matters as referred to in Art. 4-6 within 3 months from the date of notification of refusal of the application. The petition shall be filed by the applicant or his proxy to the Trademark Appeal Commission in writing and a copy thereof shall be sent to the Directorate General, with a payment fee. Such appeal petition shall describe in detail the objection to the refusal of the applicant as the result of the substantive examination and the ground must not constitute corrections or completions of the refused application. (Art. 29 par. [1]-[4] and Art. 30 [1])


14. RI Trademark Law, Art. 15 par. (1) and (2).

15. RI Trademark Law, Art. 16.

16. RI Trademark Law, Art. 17 par. (1).

 


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