Indonesia: New Regulation Clarifies Procedures under Amended Trademark Law

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Indonesia: New Regulation Clarifies Procedures under Amended Trademark Law

Assignment of Applications

Indonesia’s new Trademark Law allows for a pending trademark application to be assigned during the application process, prior to registration. The old law did not allow for assignment of trademark applications; only registered marks could be assigned.

The new law, however, does not allow every pending trademark application to be assigned. As explained by the Indonesian Trademark Office trademark applications filed before the enactment of the new Trademark Law on November 25, 2016, cannot be assigned until they are registered. The regulation affirmed this in Article 52. Thus, only pending trademark applications filed after the enactment of the new law can be assigned .

This new Trademark Law No. 20 of 2016 on Marks became effective February 1, 2017.

Formality Requirements for Renewals

The new regulation also simplifies the formality requirements for trademark renewals, with Article 24 omitting the requirement to submit a copy of the trademark certificate.

Source:  Tilleke & Gibbins