b. The decision of the Trademark Appeal Commission: such decision shall be made within 3 months at the latest commencing from the date of receipt of the appeal petition. In the event the Trademark Appeal Commission approves the appeal petition, the Directorate General shall conduct the announcement as referred to in point 2.a. except for application that have already been announced in the General Register of Marks as referred to in point 3.c. (Art. 32 par. [2])
         c. The Commercial Court: in the event the Trademark Appeal Commission refuses the appeal petition, the applicant or his proxy may bring an action to the Commercial Court within 3 months at the latest from the date of receipt of the refusal. (Art. 32 par. [3])
         d. Cassation: upon the decision of the Commercial Court, may only b filed a cassation. (Art. 32 par. [4])

    6. Period of Protection of registered mark and the extension:

        a. Period of protection and the extension: a registered mark shall have legal protection for 10 years from the filing date and the protection period can be extended under request of the owner of the registered mark for the same duration. (Art. 28 and 35 par. [1])
      b. Requirement of extension: a request for the extension shall be approved if: 1) the relevant mark is still used on the goods or services as stated in the Mark Certificate, and 2) the goods or services as referred to in point 1) are still produced and traded. (Art. 36)

     7. Change of name and/or address of a registered mark owner: a request for the change of name and/or address of a registered mark owner to be recorded in the General Register of Marks shall be filed at the Directorate General, with a payment of fee and accompanied by a valid copy of the evidence of said change and upon registered in the General Register of Marks shall be announced in the Official Gazette of Marks. (Art. 39 par. [1]-[2])

     8. Deletion and cancellation of registration of a mark:

         a. Deletion of a mark: the deletion of a mark registration may be made by the Directorate General either at its own or at request of the owner of the mark concerned. The deletion of a mark registration on the initiative of the Directorate General may be made if: 1) the mark has not been used for 3 consecutive years in trade of goods and/or services from the date of registration or of the last use, except there is an excuse which is acceptable to the Directorate General; or 2) the mark is used for the kind of goods and/or services which is not in pursuant to the kind of goods and/or service for the mark application for registration was filed, including the use of mark which is not in accordance with the registered mark. (Art. 61 par. [1]-[2]) Any third party shall also be able to file a request for the deletion of the registration of a mark on the grounds a referred in 2) in the form of a claim filed at the Commercial Court. Upon the decision of the Commercial Court can only be filed a cassation. (Art. 63 and 64 par. [1])

        b. Cancellation: a lawsuit for the cancellation of a registered mark may be filed by any interested party based on the grounds as referred to in Art. 4-6. An owner of unregistered mark may file such lawsuit after filing an application at the Directorate General. The lawsuit for cancellation shall be filed at the Commercial Court within 5 years after the date of mark registration. Upon the decision of the Commercial Court may only be filed a cassation.

     9. Fees: a fee, the amount of which shall be regulated by Government Regulation, shall be paid upon the filing of an application or a request for the renewal of a mark, a request for excerpt of the General Register of Marks, a request for the recording of the transfer of right, a request for recording the changes of name and/or address of owner of a registered mark, a request for the recording of a licensing agreement, a request for the objection on an application, a request for an appeal petition, and other matters regulated in the RI Trademark Law. (Art. 75 par. [1]) In general, the following table shows the fee of registration procedure.

Table 1: Fees of Trademark ¹⁷

17. Released by Directorate of Information Technology of DGIPR - 03.03.2004 13:58 at http://www.dgip.go.id/article/articleview/81/1/32/ downloaded on May 3, 2005.