Malaysia Urges Businesses to Register Indonesian Trademarks Promptly
05 April 2013
The Malaysia External Trade Development Corporation has asked Malaysian businesses in Indonesia to register their trademarks, as Indonesia’s trademark law has adopted a first-to-file rule for trademark owners.
Indonesia has reformed its old trademark law to comply with the World Trade Organization’s agreement on TRIPS, which focuses on making a greater trade and investment environment for businesses.
In 1997, Indonesia amended its trademark law to provide for the protection of well-known trademarks and the provisions on geographical indications and sources of origin. Another amendment to the trademark law was issued in 2001, which adopted a first-to-file rule for obtaining trademark rights, allowing the first person to file a trademark application to own the trademark, disregarding a prior user of the mark in Indonesia.
To encourage prompt trademark applications, Nadzri Shamsudin, the Malaysian trade commissioner in Jakarta, included the Indonesian trademark rules in the statement: “A mark certificate is granted to the applicant within 30 days from the registration date, allowing legal protection for a period of 10 years and a renewal upon application by the owner.”
For foreign businesses that do not have a place of business in Indonesia, Shamsudin said that they are required to lodge all applications through an Indonesian IP attorney or agent.
