New Indonesian Implementing Regulation on Trademark Registration

The Ministry of Law and Human Rights passed Regulation No. 67 of 2016 on Trademark Registration on 30 December 2016.

The new implementing regulation of Law No. 20 of 2016 on Trademark and Geographical Indication Law, which came into force on 30 January 2017, sets out procedures and formality requirements for trademark application and renewal, assignment of trademark, simplifies the process of trademark registration, as well as providing a clearer explanation on well-known marks which was not explained in previous regulations.

One of the main highlights of the new regulation is on the criteria for well-known marks that is determined by general public knowledge on the mark in the relevant business field.

To classify a trademark as a well-known mark, these factors need to be considered:

• level of public knowledge or recognition towards the trademark in the relevant business field
• volume of sales of goods/services and profits obtained from use of the trademark by its owner
• market share by such trademark, in connection with the circulation of goods/services in public
• area coverage of trademark’s utilisation
• trademark’s utilisation period
• promotion of trademark, including the value of the investment spent for such promotion
• trademark registrations or applications in other countries
• success level of law enforcement for the trademark, particularly recognition as a well-known mark by authorities
• inherent value of the mark acquired due to its reputation and quality assurance of goods/services protected by the trademark.

If you have any questions or require any additional information, please contact Endra Prabawa or Ajeng Yesie or the ZICO Law partner you usually deal with.

This alert is for general information only and is not a substitute for legal advice.