Indonesia's Newest Madrid Application Status


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It has been a touch quite a year since Spanish capital Protocol came into impact in Indonesia, on two Gregorian calendar month 2018. As of period 2019, there have been over eight,000 Spanish capital applications designating Indonesia. this can be important shift because the range of foreign candidates filing nationwide born by nearly 0.5 compared to sixteen,000 applications in 2017.

So far, around 5,000 Spanish capital applications are received by the Indonesian emblems workplace, inside 2-3 months of the WIPO filing date. With a passionate team of nine examiners, examination takes regarding twelve months (from the international filing date), much inside the eighteen months limit provided below Article 5(2)(b) of the Spanish capital Protocol.

Provision Refusal

The acceptance rate is high at regarding eightieth. the foremost footing for rejection is thanks to similar previous marks and traditionally, there area unit several native marks on the register that were filed in unhealthy religion or area unit descriptive. In Dutch East Indies, to beat citations, letters of consent aren't accepted even amongst connected corporations. Sometimes, previous marks that are allotted to the someone should still be cited as a result of the info has additionally not been updated. because the one month point in time to reply to the probationary Refusal can't be extended and therefore the emblems workplace presently focusses on literal comparison of marks instead of real risk of confusion, we tend to advocate purchasers to contact US early so we are able to advise consequently on the way to manage the cited marks on the far side mere arguments – as an example - investigations, negotiations and cancellation actions.


As Spanish capital applications area unit printed by the Indonesian emblems workplace before examination, complete homeowners still got to have watch services in situ and monitor printed marks. Oppositions on the bottom of unhealthy religion or well-known mark arguments while not previous registered rights area unit tough because the emblems workplace tends to reject solely identical or terribly similar marks. Before opposing, we tend to advocate to see the WIPO info to envision if any of the goods/services area unit restricted because the Indonesian publications won't mirror any changes/limitation in goods/services.

The Spanish capital trademark system has been operative in Indonesia since two 2018. By March 2019, over 8,000 international applications have selected Indonesia. On average, it takes around 2-3 months for WIPO indonesia to finish the formalities stage and forward the applications to the TMO in Indonesia. thus far over five,000 applications are received and area unit undergoing examination. it's taking around seven months to finish examination. variety of workplace actions are issued since the beginning of 2019. Around eightieth area unit passing while not workplace actions.

One of the key challenges is unrecorded assignments – the Indonesian TMO’s man of affairs knowledge must be updated quicker. The result's the TMO doesn't continually understand World Health Organization the right man of affairs of a interference mark is. Another is once the specification is proscribed in Dutch East Indies compared to alternative markets; this negates several conflicts; candidates got to guarantee they understand whether or not this is going on to avoid supererogatory conflicts.

Indonesians also are exploitation Spanish capital. thus far twenty eight native corporations have filed thirty two international applications.

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