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Malaysia Urges Businesses to Register Indonesian Trademarks Promptly

Issued: March 01 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.
Tag:  MATRADE  WTO  TRIPS

 

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