On 2 October 2017, Indonesia officially became the 100th member state of the Madrid Protocol after President Joko Widodo signed Presidential Regulation No. 92 of 2017 concerning Madrid Protocol Accession. The Madrid Protocol allows a trademark owner to seek protection of their trademark in several countries simultaneously by filing one application with a single office, in one language and by paying one fee.
The Madrid Protocol in Indonesia will enter into force on 2 January 2018. The Indonesian government would have 3 months to issue an implementing regulation and finalise their preparations to start accepting trademark applications under the treaty.
Benefits of joining the Madrid Protocol
With the coming into force of the Madrid Protocol, trademark owners in Indonesia can file for an International Trademark Registration (“IR”) with just one filing and one set of fees in order to obtain protection in the other 99 member countries in 116 territories. Likewise, trademark owners in other member countries will be able to expand their trademark protection in Indonesia by filing for the IR in any of the other member countries. Similarly, the owner of an existing IR will also be able to expand the protection for their trademark in Indonesia.
Whilst the Madrid Protocol is expected to bring more effectiveness through international registration, it is unlikely that it will substantially change the way that trademark applications are examined in Indonesia.
This alert is for general information only and is not a substitute for legal advice.