Thanks to Andrew Diamond in Jakarta for this guest post:

After becoming the 100^th member to join the Madrid Protocol in October 2017, Indonesia began officially accepting Madrid applications on 2 January 2018.

Now, the Indonesian Trademark Office has published the first two batches of international applications it has received since that date. So far, 371 international applications have included designations of Indonesia. The designations have been subsequently published by the Indonesian Trademark Office for opposition purposes. The opposition period is two months and the publications themselves can be accessed online here. (Note that under the Indonesian Trademark Law of 2016, publication occurs before substantive examination.)

Subsequent designations

As part of its accession instrument, Indonesia allows for subsequent designations of International Registrations, which means that brand owners can use older IRs to extend protection to include Indonesia. At the same time, this opens up the possibility to request replacement of a national Indonesian registration and have the older priority date entered in connection with a new designation of Indonesia. Further, Indonesia made declarations to extend the refusal period to 18 months and for individual fees.

The largest trade mark jurisdiction by volume in southeast Asia, Indonesia is the eighth member of the Association of Southeast Asian Nations (ASEAN) to join the Madrid Protocol. Historically, of the approximately 65,000 trade mark applications filed in Indonesia each year, only about 5% are filed by non-Indonesian entities. Madrid is thus an excellent opportunity for international brand owners who are active in the Indonesian market.

Of course, accession to the Madrid Protocol also provides Indonesian entities with the opportunity to use the system to file outside of Indonesia. According to WIPO’s Madrid Monitor, so far only six such applications have been filed, but it is certain to grow in the future when local businesses become more used to and aware of the new system, coupled with a growth in branding.

Andrew Diamond is Foreign IP Consultant at Januar Jahja & Partners in Jakarta, Indonesia and a member of MARQUES