One common reason for rejection of the trademark indonesia registration is in common with the earlier mark. In Indonesia, the first that even a letter of agreement between the entities involved in the same group of companies is not acceptable to address citation. The Indonesian Trademarks Office takes the position that a rigorous approach is necessary to avoid confusion have the same sign in the name of different entities clustered registers.
However, our recent discussions with the inspection team at Marks Brand Trade Office indicated that as part of the new trademark registration Indonesia examination practice, testers are ready to now consider the letter of approval when reviewing responses to office actions. Although no official notification from the Office of Trademarks, we have seen some cases where citations were overcome by arguing together with the Letter of Approval. Although not a tool that is for sure, this is a positive development and it is a pragmatic approach that brand owners can now be considered to increase the odds in difficult cases.
Madrid protocol provisional refusal
Many clients have asked for clarification on the due date to respond Rejection meantime. In the notice of WIPO, the deadline to respond Rejection is 30 days from the date of provisional refusal sent by the International Bureau. Based on the Law of Trademarks Indonesia, meaning ‘Day’ weekdays. Therefore, the deadline to respond to rejection in Indonesia is actually much longer – 30 working days. As the law does not allow for any extension of time, this period slightly longer to respond to give brand owners a little more time to deal with objections, particularly in the current environment.
Trademark Appeal Commission
It has been over one year since the Trademark Appeal Commission reshuffle and appointed 16 new members. Since then, we have seen progress in terms of turnaround time in spending decisions – about 4-6 months for a new appeal, as compared with the previous 12-18 months. The members usually hear about 30 cases a week – are distributed between the three members for each case, so that the long backlog of appeal cleaning. The decision also now focus on the substantive benefits of this case, rather than technical. For example, in the past, if the cited mark had expired at the time of the appeal, the Commission Trademarks have long been used to take the position that as a sign cited applicable at the time of the office action, the rejection was true, to the frustration many brand owners. Now, we managed to improve the argument that as a sign cited no longer valid at the time of the appeal, quotations initial objection must, therefore, waving.
Nowadays, because COVID-19 physical counter DGIP closed until further notice. Each appeal deadline will be extended to the next day when the counter DGIP reopens. However, since the end of April 2020, an appeal can also be submitted online.