WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/IIIDNlIll 
13 April 2000 
(00-1488) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
INDONESIA 
The present document reproduces the text! of the following laws and regulations, as notified by Indonesia under 
Article 63.2 of the Agreement (see document IP/N/l/IDN/2): 
Trademark Law N° 14 of 1997 
on the amendment of Law N° 19 of 1992 
Trademark Law N° 19 of 1992 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA PROPRIETE 
INTELLECTUELLE NOTIFIEES AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
INDONESIE 2 
58 
Le present document contient le texte' des lois et reglementations ci-apn!s, notifiees par I'Indonesie au titre de 
l'article 63:2 de I'Accord (voir le document IP/N/1/IDN/2): 
Loi n° 14 de 1997 sur les marques de fabrique ou de commerce 
Modification de la Loi nO 19 de 1992 
Loi n° 19 de 1992 sur les margues de fabrigue ou de commerce 
Consejo de los Aspectos de los Derechos de Pro pied ad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
INDONESIA 2 
58 
En el presente documento se reproduce el texto' de las siguientes leyes y reglamentos notificados por Indonesia en 
virtud de 10 dispuesto en el piirrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/1/IDN/2): 
Ley de Marcas de Fiibrica 0 de Comercio N° 14 de 1997 
por la que se modifica la Ley N° 19 de 1992 
Ley de Marcas de Fiibrica 0 de Comercio N° 19 de 1992 2 
58 
1 Distributed in English only. The texts of these laws in the original language are available for 
consultation by interested Delegations at the WTO Secretariat.!En anglais seulement. Les delegations 
interessees peuvent consulter les textes de ces lois, dans leur langue d'origine, au Secretariat de l'OMC./ 
Distribuido en ingles solamente. Las delegaciones interesadas podnln consultar en la Secretaria de la OMC los 
textos de estas leyes en su idioma original. IP/N/l/IDNIIIl 
Page 2 THE TRADEMARK LAW 
OF THE REPUBLIC OF INDONESIA 
CONSOLIDATED TEXT 
OF LAW NO. 1911992 
AS AMENDED BY LAW NO.14/1997 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 IP/N/1/IDNIIIl 
Page 3 
1. Mark means a sign in the form of a picture, name, word, 
letters, figures, colour composition, or a combination of said 
elements, having distinguishing features and used in the 
activities of trade in goods and services . ..... 
2. Trade Mark means a mark which is. used on goods which are 
traded by a person or jointly by several persons or a legal 
entity to distinguish the goods from other similar goods. 
3. Service Mark m'eans a mark which is used for services traded 
by a person or jointly by several persons or a legal entity to 
distinguish the services from others similar services. 
4. Collective i\1ark 'means a mark which is used on gqods or 
services having the same characteristics which are traded 
jointly by several persons or legal entities to distinguish the 
goods or services from other similar goods or services. 
5. License means a permit given by the owner of a registered 
mark to a person or jointly to several persons or a legal entity 
to use said mark. Either for all or a part of the kind of the 
goods or services "vhich are registered. 
6. Minister means the Minister whose scope of duties and 
responsibilities includes the guidance of marks. IP/N/lfIDNfIll 
Page 4 
7. Trademark Office means ,the organisational unit within the 
governmental . department which executes duties and 
authorities in the field of marks. 
CHAPTER n 
SCOPE OF MARKS 
Part One 
General 
Article 2 
Marks as regulated by this Act shall include trademarks and 
service marks. 
Article 3 
The right to a mark is a special right which is granted by the State 
to the owner of a mar~ which is registered in the General 
Register of Marks for a certain period of time, to himself use said 
mark or to grant pennission to use it to a person or jointly ,to 
several persons or a legal entity. 
Article 4 
(l)A mark may only be registered upon an application filed by 
the owner of the mark in good faith. 
(2) The owner of a mark referred to in paragraph (1) may consist 
of one person or several persons jointly, or a legal entity. 
Part Two 
Unregistrable Marks and Rejectable Marks Article 5 IP/NIlIIDN/I/l 
PageS 
A mark may not be registered ifit contains one of the follo·w~.ng 
elements: 
a. offensive to morality and public order~ 
b. having no distinguishing elements; 
c. having become public property; or 
d. constituting information or related to the goods or services 
for which registration is requested. 
Article 6 
(1 )An application for registration of a mark shall be refused by 
the Trademark Office if it has a similarity in its essential part 
or in its entirety with a mark owned by another person which 
has previously been registered for the same kind of goods or 
servlces. 
(2) An application for registration of a mark shall also be refused 
by the Trademark Office if: 
a. it constitutes the name of a famous person, photograph, 
and name of a legal entity belonging to another person 
except with a written consent of the entitled parties; 
b. it constitutes an imitation or a resemblance of a name or 
abbreviation of a name, flag or coat of arms or a symbol, 
or an emblem of a state, or of a national or international 
in~titution except with (1 written consent of the competent 
authority~ 
c. it constitutes an imitation or a resemblance of an official 
sign or seal or stamp used by a state or a government 
institution, except with a written consent of the competent 
authority; 
d. it constitutes or resembles to a creation of another person 
which is protected under copyright, except with a written 
consent of the copyright holder. 
(3) The Trademark Office may refuse an application for 
registration of a mark which has a similarity in its essential 
part or in its entirety with a mark which is already known IPINIlIIDNIIIl 
Page 6 
belonging to another person for the same kind of goods or 
servIces. 
(4) The provision referred to in paragraph (3) may also apply to 
any good and' or service which is not of the same kind, 
provided that it fulfils certain requirements which shall be 
further regulated in a Government Regulation. 
Part Three 
Period of Protection of Registered Marks 
Article 7 
A registered mark sha11 have legal protection for a period of 10 
(ten) years retroactive to the filing date of the registration of the 
mark concerned. 
CHAPTER In 
APPLICATION FOR REGISTRATION OF J\1ARK 
Part One 
General 
Article 8 
(l)An application for registration of a mark for two or more 
classes of goods and' or services may be filed in a single 
application. 
(2) The application referred to in paragraph (1) shall clearly 
mention the kinds of goods and or services which are covered 
by the class applied for registration. 
(3) The classes of goods or services referred to in paragraph (1) 
shall be further regulated in a Government Regulation Article 9 IP /N/lIIDNIIIl 
Page 7 
(1)An application for registration of a mark shall be filed in 
writing in the Indonesian language to the Trademark Office. 
(2) An application for registration of a mark shall contain: 
a. the date, month, and year; 
b. the full name, citizenship and address of the owner of 
mark" , 
c. the full name and address of the proxy if the application 
for registration of a mark is filed through a proxy; 
d. the address chosen in Indonesia, if the owner of mark 
resides outside the territory of the Republic of Indonesia; 
e. the type of colour, if the mark for which registration is 
requested uses colour elements; 
f the class and kind of goods or services, for the mark for 
\vhich registration is requested~ and 
g. the name of the state of the first application for registration 
of the mark, where the application for registration is filed 
with a priority right. 
(3) The letter of appJ ication for registration of a mark referred to 
in paragraph (2) shall be signed by the owner of the mark or 
his proxy. 
(4) \Vhere an application for registration of a mark is filed by 
more than one person or legal entity which are jointly entitled 
to the mark, the name of the persons or legal entities which 
file'the application shall be included by choosing orie address 
as their address. 
(5) \Vhere an application for registration of a mark is filed 
referred to in paragraph (4), said application shall be signed 
by one person or representative of the legal entity which is 
entitled to the mark by attaching a written consent of the other 
persons or legal entities. 
(6) V/here an application for registration of a mark referred to in 
paragraph (4) is filed through a proxy. the power of attorney 
for this purpose must be signed by all \vho are entitled to said 
mark. JP INIlIIDNIIIl 
Page 8 
Article 10 
.( I )An application for registration of a mark r~ferred to in Article 
9 shall be furnished with: 
a. a written statement that the mark being filed for 
registration is the property of the applicant~ 
b. 20 (twenty) specimens oflabels of the mark concerned; 
c. supplement to the State Gazette containing the of 
establishment of the legal entity or a valid copy of the 
deed, if the owner of the mark is a legal entity; 
d. a power of attorney, if the application for registration of a 
mark is filed through a proxy; and 
e. the payment of all fees for registration of a mark, the kind 
and amount of which shall be stipulated in a Ministerial 
Decree. 
(2) Any label of mark which uses a foreign language and or 
containing any letter other than Latin alphabets, or numerals 
which are not commonly used in Indonesian language shall be 
furnished with its translation into Indonesian language using 
Latin alphabets, and numerals commonly used in Indonesian 
language, and its pronunciation in Latin spellings. 
(3) Provisions regarding application for registration of a mark 
shall be further regulated in a Government Regulation. ~ ~ 
Article 11 
(1) An application for registration of a mark which is filed by an 
owner or by persons entitled to the mark residing or domic.iled 
outside the territory of the Republic of Indonesia must filed 
through a proxy in Indonesia. 
(2) The owner or persons entitled to the mark referred to in 
paragraph (1) must state and choose the domicile of the proxy 
as their address in Indonesia .. 
Part Two 
Application for Regis~ration of a Mark with Priority Right Article 12 IJ>~/l/Il)~/J/l 
J>age 9 
An application for registration of a mark which is filed with a 
priority right as provided for in the international convention on 
mark protection to which the Republic of Indonesia adheres shall 
be filed within a period of 6 (six) months at the latest, 
commencing from the filing date of the application for mark 
registration filed for the first time in another member country to 
the international convention or in a country which is a member of 
the World Trade Organisation. 
Article 13 
(l )In addition to fulfilling the provisions referred to in Part One 
of this Chapter, an application for registration of a mark with a 
priority right must also include evidence of the receipt of the 
application for registration for the first timE' which gives rise 
to said priority right. 
(2) The Trademark Office may request that the evidence of the 
priority right referred to in paragraph (1) be translated into 
Indonesi an language. 
(3) V/here the provisions referred to in paragraphs (1) and (2) are 
not fulfilled within a period of at most 3 (three) months after 
the expiry of the right to file an application for registration of 
a mark by using a priority right referred to in Article 12, the 
application for registration of a mark by using a priority right 
shall be deemed to have been withdrawn. 
(4) The Trademark Office shall notify the person or legal entity or 
the proxy who filed the application for registration of a mark 
which is deemed to have been withdrawn referred to in 
paragraph (3) in writing, stating the reasons therefor. 
Part Three 
Examination of the Completeness of Requirements JP /NI lIIDN/I/1 
Page 10 
Article 14 
(I)The Trademark Office shall conduct an examination of the 
completeness of requirements for registration of a mark 
referred to in Article 9, Article 10, Article 12, and Article 13. 
(2) Where there . are deficiencies in the completeness of 
requirements referred to in paragraph (1), the Trademark 
Office shall request that such deficiencies be .remedied within 
a period of at the latest two months from the date of receipt of 
the letter from the Trademark Office requesting the 
completion of such deficiencies. 
(3) Where such deficiencies pertain to the requirements referred 
to in Article 13, the period of remedying the deficiencies in 
said requirements shall be at the latest-3 (three) months from 
the date of expiry of the period of filing of an application for 
registration of a mark by using a priority right. 
Article 15 
(l)\Vhere deficiencies in the requirements have not been fulfilled 
within the respective period referred to in Article 14 
paragraph (2) or paragraph (3), the application for registration 
of a mark shall be deemed to have been withdrawn. 
(2) The Trademark Office shall notify the person or legal entity or 
the proxy who filed the application for registration of a mark 
deemed to have been \vithdra\vll, stating the reasons therefor. 
Part Four 
The Period for Receipt of an Application for Registration of l\1ark 
Article 16 
(1) Where all requirements .referred to in Article 9, Article 10, 
Article 12 and Article 13 have been fulfilled. the date of 
receipt of the application document of a mark shall be 
stipulate~ as the filing date of the application for registration 
ofa mark. IP/N/lIIDNIIIl 
Page 11 
(2) The Trademark Office shall record the filing date of the 
application for registration of a mark referred to in paragraph 
(1 ). 
Part Five 
Amendment and Withdrawal of an Application for Registration of 
a Mark 
Article 17 
(1 )Amendment of an application for registration of a mark shall 
only be allowed by withdrawal of the initial application and 
filing of a new an application for registration of a mark. 
(2) The provisions on amendment and withdrawal of an 
application referred to in paragraph (1) shall be regulated 
further in a Government Regulation. 
Article 18 
(1) As long as a decision of the Trademark Office has not been 
obtained, the person or legal entity or proxy who filed an 
appfi.cation for registration of a mark may withdraw the 
application for registration of a mark. 
(2) \\'here the withdrawal of the application referred to in 
paragraph (1) is made by a proxy, it must be made on the basis. 
of a power of attorney for the purpose of said withdrawal. 
(3) \Vhere an application for registration of a mark is withdrawn, 
all fees which have already been paid to the Trademark Office 
cannot be withdrawn. 
CHAPTER IV 
REGISTRATION OF MARKS IP /NI lIIDNlI1l 
Page 12 
Part One 
Announcement 
Article 19 
\Vithin a period of at the latest 14 (fourteen) days after the filil!g 
date of an application for registration of a mark, the Trademark 
Office shaII announce the application for registration of a mark 
that has fulfilled the requirements referred to in Article 9 and 
Article 10, and in case of filing by using a priority right, the 
provisions in Article 12 and Article 13 must also be fulfilled. 
Article 20 
(1 )Announcement shall last for 6 (six) months and shall be made 
by 
Ca) placement on the announcement board, \vhich is specially 
provided for this purpose and which can be easily and 
clearly seen by the public; and 
(b) placement in the Official Gazette of J\,1arks, which is 
published periodically by the Trademark Office. 
(2) The date of commencement of announcement of an 
application for registration of a mark shall be recorded by the 
Trademark Office. 
Article 21 
Announcement shall be made by mentioning: . ~ 
a. the fuII name and address of the owner of the mark, as well as 
the full name and address of the proxy, if the application for 
mark registration is filed through a proxy; 
b. the class and kind of goods and or services for which 
registration of the mark has been requested; 
c. the filing date of the application for registration of the mark; 
d the name of the country and the filing date of the first 
application for the registration of the mark. if the application 
for registration is filed with a priority right. IPINl1IIDNIII 1 
Page 13 
e. a sample of the mark labels, including information concerning 
its colours, if the mark contains colour elements, and the mark 
label uses foreign language and or letters other than the Latin 
alphabet and or numerals which are not commonly used in 
Indonesian language, jt~must be furnished with its Indonesian 
translation, using the Latin alphabet or numerals which are 
commonly used in Indonesian language, as well as its 
pronunciation in the Latin spellings. 
Part Two 
Objection and Rebuttal 
Article 22 
(1) During the period of announcement, any person or legal entity 
may file objections to an application for registration of the 
mark concerned, in writing to the Trademark Office. 
(2) Objections referred to in paragraph (1) may be filed where 
there is sufficient reason accompanied by evidence that the 
mark for which registration is requested is a mark which on 
the. basis of this Act is unregistrable or must be rejected. 
(3) \Vhere there are objections referred to in paragraph (1), the 
Trademark Office shall within a period 9f at the latest ] 4 
(fourteen) days from the date of receipt of the objections send 
a copy of the letter containing said objections to the· person or 
legal entity or the proxy who filed the application for 
registration of the mark. 
Article 23 
(])A person or legal entity or proxy who has filed an application 
for registration of a mark shall be entitled to file rebuttals to 
the objections referred to in Article 22 to the Trademark 
Office. 
(2) Rebuttals referred to in paragraph (1) shall be filed in writing 
within a period of at the latest 2 (two) months from the date of IP /NI lIIDNIII 1 
Page 14 
receipt of .the copy. of the objections delivered by the 
Trademark Office. 
Article 24 
The Trademark Office shall use the objections and rebuttals as 
additional material in the examination of the application for 
registration of the mark concerned. 
Part Three 
Substantive Examination 
Article 25 
(1 )The Trademark Office shall conduct a substantive 
examination of the application for registration of a mark after 
the expiry of the announcement period referred to in Article 
20 or where there are objections during the period of 
announcement, after receipt of the rebuttals. 
(2) The examination shall be conducted with due regard to the 
provisions of Article 5 and Article 6 and whether there are 
objections or rebuttals. 
Article 26 
The examination shall be completed within a period of at the 
latest 9 (nine) months from: 
a. the expiry date of the announcement; or 
b. the expiry date of the period for filing of rebuttals 
Article 27 
(1) The examination shall be conducted by a Trademark 
Examiner who possesses the skills and qualifications as a 
Trademark Examiner of the Trademark Office 
(2) A Trademark Examiner shall have the status of a 
functional official appointed and dismissed bv the 
Minister on the basis of certain requirements. IP/N/lIIDNIIlI 
Page 15 
(3) A Trademark Examiner shall be given a functional rank 
and allowances in addition to other rights in accordance 
with prevailing laws and regulations. 
Article 28 
(1 )\Vhere a Trademark Examiner referred to in Article 27 
paragraph (1) co~cludes that an application for registration of 
a mark can be approved, the Trademark Office shall: 
a. register the mark in the General Register of Marks; 
b. notify the person or legal entity or proxy who filed the 
application for registration of the mark; 
c. issue a Mark Certificate; and 
d. announce said registration in the Official Gazette of 
Marks. 
(2) Where a Trademark Examiner referred to in Article 17 
paragraph (]) concludes that an application for registr.ation of 
a mark is unregistrable or must be reje::::ed, the Trademark 
Office shall issue a decision on the rejection of said 
application for registration of a mark. 
(3) A decision on rejection referred to in paragraph (2) shall be 
made known in writing to the person or legal entity or proxy 
\vho filed the application for registration of the mark, stating 
the reasons therefor. 
Article 29 
(]) The h1ark Certificate shall be issued to the applicant for 
registration of the mark within a period of 30 (thirty) days at 
the latest commencing from the date of such mark is 
registered in the General Register of Marks. 
(2) \Vhere an application for registration of the mark was filed 
through a proxy, the Mark Certificate referred to in paragraph 
(]) shal1 be conveyed to the proxy, with a copy to the owner 
of the mark. 
(3) The Mark Certificate referred to in paragraph. (l) shall 
contain: IP/N/1/IDN/IIl 
Page 16 
a. 
b. 
c. 
d. 
e. 
f. the full name and address of the owner of the registered 
mark; 
the full name and address of the proxy, if the appEcation 
for registration of the mark was filed on the basis of 
Article 11; 
the date of submission and the filing date of application 
for registratl"on of a mark; 
the name of the country and the filing date of the first 
application for registration of a mark, where the 
application for registration was filed with a priority 
right; 
label of the registered mark, including information 
concerning its colours, if the mark contains colour 
elements, ~and the mark label uses foreign Ja'nguage and 
or letters other than the Latin alphabet and or numerals 
which are not commonly used in Indonesian language, it 
must be furnished with its Indonesian translation, using 
the Latin alphabet or numerals which are commonly 
used in Indonesian language, as well as its pronunciation 
in the Latin spellings; 
number and date of registration; 
the class and kind of goods and or services for which the 
mark has been registered; 
h. the validity period of the mark registration. 
(4) Any person may submit a request for a certified copy of the 
mark registration as registered in the General Register of 
l\1arks. 
(5) The request referred to in paragraph (4) is subject to a fee. the 
amount of which shall be stipulated in a i\1inisterial Decree. 
Article 30 
The mark registration number must be set fonh on am' use of a 
~ -registered mark, the implementation of which shall be regulated 
further in a Government Regulation. 
Pan Four 
Appeal Petitions Article 3 ] IP INIl/IDNIIII 
Page 17 
(l)A petition for appeal may be submitted against the refusal of 
an application for registration of a mark, for reasons and 
consideration pertaining to substantive matters, referred to in 
Article 5 or Article 6. 
(2) A petition for appeal shall be submitted in writing to the 
Trademark Appeal Commission by the applicant, or a legal 
entity or its proxy for registration of a mark, and a copy 
thereof shall be sent to the Trademark Office. 
(3) The Trademark Appeal Commission is a special body, 
permanently presided over by a chairman, who also serves as 
a member of the Commission, and shall be within the 
Department headed by the Minister. 
(4) The members of the Trademark Appeal Commission shall be 
in an odd number" comprising at least 3 (three) persons, 
consisting of the required experts and or senior Trademark 
Examiners, who did not carry out the substantive examination 
on the application for mark registration concerned. 
(5) The chairman and members of the Trademark Appeal 
Commission shall be appointed and dismissed by the Minister. 
A • I .... 7 .'"1.rtIC e .J_ 
(1 )An appeal petition shall be filed describing in detail the 
objection to the rejection of the application for registration of 
a mark, stating the reasons therefor. 
(2) The reasons referred to in paragraph (1) must not constitute 
corrections or improvements of the rejected application for 
registration of a mark. 
Article 33 
(1 )An appeal petition shall be filed within a period of at the latest 
3 (three) months from the date of receipt of the notification of 
rejection of the application for registration of a mark. 
(2) Where said period for an appeal has lapsed without an appeal 
petition, the rejection of the application for registration of the IP/N/l/IDNII/l 
Page 18 
mark shal1 be deemed to have. been accepted by the person or 
legal entity or proxy who filed the application for registration 
of the mark. 
(3) Where .the rejection of the application for registration of the 
mark has been deemed to have been accepted by the person or 
legal entity or proxy referred to in paragraph (2), the 
Tradem'.lrk Office shall record this fact in the General Register 
of Marks. 
Article 34 
(1) The decision of the Trademark Appeal Commission shall be 
made within a period of 6 (six) months at the latest 
commencing from the date of receipt of the appeal petition. 
(2) The decision of the Trademark Appeal Commission is final, 
administratively as well as substantively. 
(3) In the event the Trademark Appeal Commission approves the 
appeal petition, the Trademark Office shall execute the 
registration and issue a Mark Certificate in manners referred 
to in Article 28 and Article 29. 
(4) In the event the Trademark Appeal Commission rejects the 
appeal petition, the Trademark Office shall within 30 (thirty) 
days at the latest as from the date of receipt of the decision of 
the Tradem'ark Appeal Commission, notif\ said refusal to the 
person or legal entity or its proxy referred to in Article 31 
paragraph (2). 
imicle 35 
The organisational structure and the work methods of the 
Trademark Appeal Commission and the procedure for appeal 
petitions' and examinations as well as settlements shall be 
regulated further in a Government Regulation. 
Part Five 
Extension of Period of Protection of a Registered Mark . ~. Article 36 IP/N/lflDNIII1 
Page 19 
(1) Upon the request of a .ma~k owner, the period of protection of 
a registered mark may be extended for additional periods of 
the same duration. 
(2) An application for extension of the period of protection of a 
registered m.ark referred to in paragraph (1) shall be filed in 
writing by the owner or his proxy within a period of not more 
than 12 (twelve) months and at least 6 (six) months prior to 
expiry of the period of protection of said registered mark. 
(3) An application for extension of the period of protection of a 
registered mark referred to in pqragraph (2) shall be filed to 
the Mark Office. 
(4) An application for extension of the period of protection of a 
registered mark referred to in paragraph (2) shall be subject to 
a fee, the amount of \vhich shall be stipulated in a l\1inisterial 
Decree. 
Article 37 
An ~ppJication for extension of the period of protection of a 
registered mark shall be approved if: 
a. the mark concerned is still used on the goods or services 
stated in the Mark Certificate. 
b. the g~ods or services referred to in letter a still produced and 
traded. 
Article 38 
(] )An application for extension of the period of protection of a 
registered mark shall be reject~d by the Trademark Office if it 
does not fulfil the provisions referred to in Article 36 and 
Article 37. 
(2) The rejection of an application for extension of the period of 
protection of a registered mark shall be made known to the 
owner of the mark or his proxy, stating the reasons therefof. Il?~/l/Il)~II/l 
Page 20 
Article 39 
(1) An extension of the period of protection of a registered mark 
shall be recorded in the General Register of Marks and shall 
be announced in the Official Gazette of Marks. 
(2) An extension of the period of protection of a registered mark 
shall be made known in \vriting to the owner of the mark or 
his proxy. 
Part Six 
Change of Name or Address of a Registered Mark Owner 
Article 40 
(1) A change of name or address of a registered mark owner shall 
be made known to the Trademark Office accompanied by a 
valid copy of the evidence of said change. 
(2) A change of name or address of a registered mark owner 
which has been recorded by the Trademark Office shall be 
announced in the Officiai Gazette of .l\1arks. 
(3) The recording of Cl change of name or address referred to in 
paragraph (1) shall be subject to a fee, the amount of which 
shall be stipulated in a 1\1inisterial Decree. 
CHAPTER V 
TR.A.NSFER OF RIGHTS OF A REGISTERED ~1ARK 
Part One 
Transfer of Rights 
Article 4] 
(1 )The rights to a registered mark may be transferred by means 
of: 
a. inheritance: 
b. testament~ 
c. donation; d. agreement; or 
e. other reasons recognised by law. IP/N/lIIDNIIIl 
Page 21 
(2) The transfer of rights to a registered mark referred to in 
paragraph (1) shall be accompanied by supporting documents. 
(3) A request that the transfer of rights to a registered mark 
referred to in paragraph (1) be recorded in the 'General 
Register of Marks must be filed to the Trademark Office. 
(4) A transfer of rights to a registered mark which has been 
recorded by the Trademark Office shall be announced in the 
Official Gazette of Marks. 
(5) The legal c~msequences of a transfer of rights to a registered 
mark which has been recorded in the General Register of 
l-.1ark shall apply to the parties concerned and to third parties. 
(6) The recording' of a transfer of rights to a registered mark 
referred to in paragraph (1) shall be subject to a fee, the 
amount of which shall be stipulated in a l-.1inisteriaI Decree. 
Article 42 
(l)A transfer of rights to a registered mark may be accompanied 
by the transfer of good will or reputation. or other things 
related to the mark. 
(2) A transfer of rights to a registered mark shall only be recorded 
by t~e Trademark Office where it is accompanied with a 
written statement of the recipient that said mark will be used 
for trade in goods or services. 
Article 43 
The right, on a registered service mark of which the method of 
rendering the service and the results thereof is very closely related 
to the personal ability or skill of the provider of the service 
concerned. may be transferred or licensed, provided that there is a 
guaranty on the quality of the rendering of the service and its 
result thereof. 1JP~/l/Il)~/I/l 
Page 22 
Part Two 
Licensing 
Article 44 
( I) The owners of a registered mark shall be entitled to grant a 
license to another person to use all or part of the kinds which 
belong to one class by an agreement. 
(2) A licensing agreement shall be effective for the entire territory 
of the Republic of Indonesia, unless agreed otherwise, for a 
period not exceeding the period of protection of the registered 
mark concerned. 
(3) The recording of a licensing agreement must be requested of 
the Trademark Office. 
(4) A licensing agreement referred to in paragraph (3) shall be 
recorded ·by the Trademark Office in the General Register of 
Marks and shall bs: announced in the Official Gazette of 
Marks. 
(5) The requirements and procedures for an application to record 
a licensing agreement shall be further regulated In a 
Government Regulation. 
(6) The recording of a licensing agreement referred to in 
paragraph (3) shall be subject to a fee, the amount of \\·hich 
shall be stipulated in a l\1inisterial Decree. 
Article 45 
The owner of a registered mark who has given a license to another 
person referred to in Article 44 paragraph (l) shall continue to be 
allowed to himself use or to give a license to another third party·· to 
use said mark, unless agreed otherwise. 
ArtiCle 46 
A licensing agreement may provide that the licensee may give 
further licenses t9 third parties. Article 47 IP/N/l/IDN/I/l 
Page 23 
The use in Indonesia of a registered mark by a licensee shall be 
deemed to be the same as the use in Indonesia of said mark by the 
owner of the mark. 
Article 48 
(1) A licensing agreement shall be prohibited to contain 
provisions which may directly or indirectly give rise to effects 
which damage the Indonesian economy or to contain 
restrictions which obstruct the ability of the Indonesian people 
to master and develop technology in general. 
(2) The Trademark Office must reject an application for recording 
of a licensing agreement which contains prohibited provisions 
referred to in paragraph (]). 
(3) The Trademark Office shall notify the owner of the mark and 
the licensee or the proxy in writing of the rejection referred to 
in paragraph (2), stating the reasons therefor. 
Article 49 
(I)A good faith licensee of a mark that is subsequently cancelled 
on the basis of a similarity in principle or in its entirety with 
another registered mark, shall continue to carry out the 
licensing agreement as the licensee of an uncancelled mark 
until the expiry of the period of said licensing agreement. 
(2) A licensee referred to in paragraph (1) shall no longer be 
obligated to continue the payment of royalties, which would 
still properly be due to the licensor of the cancelled mark, but 
instead shall be obligated to make the payment of royalties to 
the owner of the mark that has not been cancelled. 
(3) \Vhere a licensor has already received royalties as a lump sum 
from the licensee, said licensor shall be obligated to surrender 
a portion of the royalties he has recei\'ed to the owner of the 
mark that has not been cancelled, in proportion to the 
remaining period of the licensing agreement. IP/N/1/IDNIIIl 
Page 24 
Article 50 
Provisions regarding licensing agreements referred to in Chapter 
V Part Two of this Act shall be regulated further in a Government 
Regulation. 
CHAPTER VI 
DELETION AND CANCELLATION 
OF REGISTRATION OF A MARK 
Part One 
Deletion 
Article 51 
(1 )The deletion of m~rk registration from the General Register of 
.t\1arks shall be done by the Trademark Office either at its own 
initiative or at the request of the owner of the mark concerned. 
(2) The deletion of the registration on the initiative of the 
Trademark Office may be done if: 
a. the mark has not been used for 3 (three) consecutive years or 
more for trade in goods and or sef\.·ices from the date of 
registration or of the last use, except there is excuse \\·hich is 
acceptable to the Trademark Office; or 
b. the mark is being used for the kind of Q.oods and or services 
~ ~ 
,vhich is not in pursuant to the kind of goods and or services 
for which the mark application for registration was filed, 
including the use of mark which is not in accordance with the 
registered mark. 
(3) The reasons referred to in paragraph (2) letter a are: 
a. import prohibition; 
h. prohihition related to the permit for the distribution of goods 
using the mark concerned or any temporary decision from the 
competent authority~ IPIN/1IIDNII/1 
Page 25 
c. other similar prohibitions imposed by Government 
Regulation. 
(4) The decision of registration of a mark referred to in paragraph 
(2) shall be recorded in the General Register of Marks, and 
shall be announced in the Official Gazette of Marks. 
(5) Objection to the decision to delete the registration of a mark 
referred to in paragraph (2) may be submitted to the District 
Court of Central Jakarta or any other district courts to be 
stipulated in a Presidential Decree. 
Article 51A 
(l)A request for the deletion of registration of a mark by the 
o\vner of the mark, either for all or for part of the kinds of 
goods and or services belonging to one class, shall be 
submitted to the Trademark Office. 
(2) \\There the mark referred to in paragraph (1) is still bound by a 
valid licensing agreement, deletion may only be done with a 
written consent of the licensee. 
(3) Exception as to the consent of the licensee referred to in 
paragraph (2) may only be made possible where the licensee 
clearly agrees to \vaive such consent in the licensing 
agreement. 
~ . 
(4) The deletion of registration of a mark referred to in paragraph 
(1) sh?11 be recorded in the General Register of Marks, and 
shall be announced in the Official Gazette of ~1arks. 
(5) The recording of deletion of a registered mark referred to in 
paragraph (4) shall be subject to a fee, the amount of which 
shall be stipulated in a ~1inisterial Decree. 
Article 52 
Third parties shall also be able to file a request for the deletion of 
the registration of a mark based on reasons referred to in Article 
51 paragraph (2) letter a and letter b in the form of a c1.aim filed 
at: 
a. The District Court of Central Jakarta; or IP/N/1/IDN/IIl 
Page 26 
b. Other District Courts to be stipulated in a Presidential Decree. 
Article 53 
(1) The decision of a District Court referred to in Article .52 may 
not be appealed, instead, a cassation or an application for a 
reconsideration may directly be submitted to the Supreme 
Court. 
(2) A copy of the decision of the Court referred to in paragraph 
(I) shall be forwarded by the Clerk of the District Court 
concerned to the Trademark Office within 14 (fourteen) days 
at the latest as from the date of said decision. 
(3) The Trademark Office shall execute the deletion of the mark 
concerned from the General Register of 'Marks and announce 
it in the Official Gazette of Marks if the lawsuit for the 
deletion of registration of a mark has been awarded and the 
decision of the Court referred to in paragraph (1) has become 
final and binding. 
.Art i cl e 54 
(1 )The deletion of the registration of a mark shall be carried out 
by the Trademark Office by crossing out the mark concerned 
in the General Reg:ister of J\·1atks and noting the reasons for ~ ~ 
and the date of said deletion. 
(2) The deletion of the registration of a mark referred to in 
paragraph (1) shall be made known in writing to the owner of 
the mark or his proxy, stating the reasons therefor and 
stressing that as of the date of deletion from the General 
Register of J\1arks, the Mark Certificate concerned shall be 
declared to be null and void. 
Article 55 
The deletion of the registration of a mark shall have the result that 
the legal protection of the mark concerned shall cease. Part Two 
CanceHation 
Article 56 IP/N/lIIDNlI/l 
Page 27 
(1) A lawsuit for cancellation of a registered mark may be filed 
by an interested party based on the reasons referred to in 
Article 4 paragraph (l) Article 5 or Article 6. 
(2) A lawsuit referred to in paragraph (1) may not be submitted 
''''by the owner of an unregistered mark. 
(3) The owner of an unregistered well-known mark may file a 
lawsuit referred to in paragraph (1), after having filed an 
application for registration of his mark to the Trademark 
Office. 
e 4) The lawsuit for cancellation referred to in paragraph Cl) shall 
be filed against the owner of the mark and the Trademark 
Office through the District Court referred to in Article 52. 
(5) V/here the owner of the mark against which the lawsuit for 
cancellation has been made is domiciled outside the 
jurisdiction of the Republic of Indonesia, the Iav.'suit shall be 
filed at the District Court of Central Jakarta. 
Article 57 
(l)A claim for cancellation of the registration of a mark shall be 
filed 'within a period of 5 (five) years after the' date of 
registration of the mark. 
(2) Exempted from the provision referred to in paragraph (1), a 
claim for the cancellation of a mark may be filed without a 
time limit if the mark concerned should have not been 
registered because it contains elements contrary to morality 
and the public order. 
Article 58 
(1) The decision of the District Court for cancellation referred to 
in .-\rticle 56 paragraph (4) may not be appealed, instead, a JP INIlIIDN/IIl 
Page 28 
cassation or an application for a reconsideration may be 
directly be submitted to the Supreme Court. 
(2) A copy of the decision of the Court referred to in paragraph 
(1) shall be forwarded by the Clerk of the Court concerned to 
the Trademark Office within 14 (fourteen) days at the latest as 
from the date of said decision. 
(3) The Trademark Office shall execute the cancellation of the 
registration of the mark concerned from the General Register 
of Marks and shall announce the cancellation in the Official 
Gazette of Marks when the lawsuit for the cancellation of said 
mark has been awarded and the decision of the Court ref'erred 
to in paragraph (1) has become final and binding. 
Article 59 
(l)The cancellation of the registration of a mark shall be carried 
out by the Trademark Office by crossing out the mark 
concerned in the General Register of Marks and noting the ~ ~ 
reasons for and the date of said cancellation. 
(2) The cancellation of registration of a mark referred to in 
paragraph (1) shall be made known in YHiting to the owner of 
mark or his proxy, stating the reasons therefor and stressing 
that as of the date of deletion from the General Register of 
7\1arks, the Mark Certificate concerned shall be declared to be 
null and void. 
(3) The crossing out of the registration of a mark in the General 
Register of l\1arks referred to in paragraph (1) shall be 
announced in the Official Gazette of l\1arks. 
Article 60 
The cancellation of the registration of a mark shall have the result 
that the legal protection of the mark concerned shall cease. 
CHAPTER Vll 
COLLECTIVE l\1ARKS Article 61 IPIN/lIIDNIIIl 
Page 29 
(I) An application for registration of a mark or a service mark as 
a collective mark shall only be accepted if it is clearly stated 
in said application for registration that the mark will be used 
as a collective mark. 
(2) In addition to the affirmation on the use of a collective mark 
as intended by paragraph (1), said application for registration 
must be accompanied by a copy to the regulation on the use 
of said mark as a collective mark, signed by the owner of the 
mark concerned. 
(3) The regulation on the use of a collective mark referred to in 
paragraph (2) must contain, among others: 
a. ·the nature, the general characteristics, or the quality of the 
goods or services, the production and trading of which will 
use said collective mark; 
b. .provisions for the owner of the collective mark to conduct 
effective supervision of the use of said mark in accordance 
with the regulation; and 
c. sanctions for violations of the regulation on use of the 
collective mark. 
Article 62 
An appl ication for registration of a collective mark shall be 
subject to an examination of the completeness of requirements 
referred to in Article 9, Article 10, Article 12, Article 13, and 
.Article 6]. 
Article 63 
\Vhere as a result of the examination of an application for 
registration of a collective mark, the Trademark Examiner 
concludes that the application for registration of a mark as a 
collecti\'e mark may be appro\·ed .. the Trademark Office shall: 
a. register said mark in the General Register of Marks by 
attaching a copy of the regulation on use of said mark: and JP /N1l/IDNIIIl 
Page 30 
b. announce the registration of the collective mark together with 
the regulation on its use in the Official Gazette of Marks. 
Article 64 
(l)A change in the regulation on the use of a collective mark 
must be filed to the Trademark Office for recording 
accompanied by a valid copy evidencing said change. 
(2) The Trademark Office shall record the change referred to in 
paragraph Cl) in the General Register of Marks, and announce 
it in the Official Gazette of Marks. 
(3) A change in the regulation on the use of a collective mark 
shall be effective for third parties after it has been recorded in 
the General Register of Marks. 
(4) The recording of a change in t.he regulation on the use of a 
collective mark referred to in paragraph (1) shall be subject to 
a fee, the amount of which shall be further stipulated in a 
lv1inisterial Decree. 
Article 65 
The ov,mer of a registered collective mark may only use said mark 
together with another person and or legal entity that also uses the 
collective mark concerned, where the conditions for such use are 
clearly stated in the regulation on the use of the collective mark. 
Article 66 
(1 )Ownership of a registered c<?l1ective mark may be transferred 
only to recipients capable of conducting etTecri\'e supen'ision 
in accordance with the regulation on the use of the collecti\'e 
mark. IP /Nil IIDNIII1 
Page 31 
(2) The transfer of rights· to a registered collective mark referred 
to in paragraph (1) must be filed to the Trademark Office for 
recording.· 
(3) The Trademark Office shall record the transfer of rights 
referred to in paragraph (2) in the General Register of Marks 
and announce it· in the Official Gazette of Marks. 
(4) The recording of the transfer of rights to a registered 
collective mark referred to in paragraph (2) shall be subject to 
a fee, the amount of which shall be stipulated in a Ministerial 
Decree. 
Article 67 
A registered collective mark may not be licensed to another 
person or legal entity. 
Article 68 
(1 )The Trademark Office may delete the registration of a 
collective mark on the basis of: 
a. a request of the owner of the collective mark with a 
written consent of all users of the collective mark; 
b. sufficient evidence that the collective mark has not been 
used for 3 (three) consecutive years or more after the date 
of its registration; 
c. sufficient evidence that the collective mark is being used 
for kinds of goods or services which do conform \vith the 
types of goods or services for \vhich registration \vas 
requested; or 
d. sufficient evidence that the collective mark is not being 
used in accordance with ~he regulation on the use of the 
collective mark. 
(2) An application for deletion of a collective mark referred to in 
paragraph (1) letter 1 shall be filed to the Trademark Office. 
(3) The deletion of the registration of a collective mark ~eferred to 
in paragraph (2) shall be recorded in the General Register of 
Marks and announced in the Official Gazette ·of Marks. IP/NIl/IDN/IIl 
Page 32 
(4) The recording of the deletion of the registration of a collective 
mark referred .to in paragraph (3) shall be subject to a fee, the 
amount of which shall be stipulated in a Ministerial Decree. 
Article 69 
Third parties shall be able to file a request for the deletion of the 
registration of a collective mark to a District Court referred to in 
Article 25 based on grounds as referred to in Article 68 letter b, 
letter c, or letter d. 
Article 70 
In addition to reasons for cancellation referred to in /\rticle 56 
paragraph (1), cancellation of the registration of a registered 
collective mark may also be requested of a district court as 
referred to Article 52 for the cancellation of a registered collective 
mar~ where the use of the collective mark is contrary to the 
provisions referred to in Article 61 paragraph (l). 
Article 71 
All provls10ns in this Act shall be effective with respect to a 
collective mark, except to the extend stipulated otherwise in this 
Chapter. 
CHAPTER V1TI 
LA \VSUIT FOR INFRINGEMENT OF MARK 
Article 72 
(1 )The owner of a registered. mark may file a lawsuit against a 
person or legal entity who unla\vfully uses his mark for goods 
and services which has similarity in its essential part or its 
entirety wi~h his mark. IP /N/1/IDNIIIl 
Page 33 
(2) The laws~it referred to in paragraph (1) shall be filed at the 
District Court referred to in Article 52. 
Article 73 
The lawsuit referred to in Article 72 may also be filed by a 
licens'ee of a r~gistered mark either alone or together with the 
owner of the pertinent mark. 
Article 74 
(1 ) Upon a request of the owner of a registered mark or the 
I icensee of a registered mark as ~he plaintiff, a judge may 
order the defendant to cease the trade in goods or services 
which use the said mark without right thereto during the 
hearings and to prevent greater damages, 
(2) Where the defendant is also demanded to surrender the goods 
which use the mark without right thereto, a judge may order 
that the surrender of the goods or the value of the goods be 
carried out after the decision of the Court has become final 
and binding, and after the plaintiff has paid the price thereof 
to the defendant. 
Article 75 
No appeal may be filed against a decision of the District Court 
referred to in Article 72 paragraph (2). 
Article 76 
The right to file a claim as regulated in this Chapter shall not 
detract from the right of the State to prosecute criminal offences 
in this field of marks. 
CHAPTER IX 
ADMINISTRATION OF MARKS IPIN/lIIDNlIIl 
Page 34 
Article 77 
The Trademark Office shall conduct the administration of marks 
as regulated in this Act. 
Article 78 
The Trademark Office shall implement a national documentation 
of marks and information network system capable of providing 
information to the public as widely as possible. 
Article 79 
In implementing the administration of marks, the Trademark 
Office shall receive guidance from and shall be responsible to the 
~1inister. 
CHAPTERlXA 
GEOGR.A.PHIC.Al INDICATION AND SOlTRCE OF ORlGrN 
Part One 
Geographical Indication 
Article 79A 
(1) Geographical indication shall be protected as a sIgn which 
indicates the place of origin of goods, which due to its 
geographical environment factors, including the factor of the 
nature, the human or the combination of the two factors, glves 
a specific characteristics and quality on the goods produced 
therein. 
(2) Geographical indication shall be protected after registration, 
based on the application filed by: 
a. an institution that represents the society in the area \"hich 
produces the goods concerned, which consists of. IJ>~/l/II)~/I/l 
J>age 35 
1) parties who undertake business on goods of natural 
products or natural resources; 
2) producers of agricultural products; 
3) people who make handicraft or industrial products; 
4) mercl~ants who sell the goods concerned: 
b. an institution that is given the authority to do so; 
c. groups of consumers of the goods concerned. 
(3) Provisions concerning announcement referred to in Article 
19, Article 20, Article 21, Article 22, Article 23, Article 
24, and Article 25 shall be applicable to announcement of 
application for registration of geographical indication. 
(4) An application for registration of a geographical indication 
shall be refused by the Trademark Office, if the sign 
concerned: 
a is against ethics, public order, likely to deceive or mislead 
people as of the characteristics, such as features, quality, 
source of origin, process of production or the usage; 
b, does not qualify to be registered as a geographical 
indication. 
(5) Provisions concerning appeal shall be applicable to refusal 
of registration of 'geographical indication referred to lt1 
paragraph (4). 
(6) A registered geographical indication enjoys a legal 
protection which persists as far as the features and or the 
quality on which the protection has been conferred still 
exist. 
(7) If prior to or on the date of application for registration of a 
geographical indication as sign has been used in good faith 
by another party who has no right to register pursuant to 
the provisions referred to in paragraph (2), the party who 
has been actin!.!. in good faith mav continue to use the si~m '- --... -' ...... 
concerned for a period of 2 (two) years as from the date of 
its registration as a geographical indication. IP/N/lIIDNIIIl 
Page 36 
(8) Further provisi9ns concerning procedures for registration 
of geographical indication shall be stipulated in a 
Government Regulation. 
Article 79B 
(1 )The right holder of a geographical indication may file a 
lawsuit against an unlawful user of the geographical 
indication, such as to claim for damages, injunction order as 
well as disposal of 1abels of the geographical indication 
concerned which have been unlawfully used. 
(2) To prevent any further loss on the party whose right has been 
infringed, a judge may order the defendant to cease any 
activities of producing, multiplying, and may order to destroy 
labels of t~e geographical indication which have been 
unlawfully used. 
Article 79C 
Provisions referred to in Article 80 shall also be applicable in the 
implementation of the rights on geographica1 indication. 
Part Two 
Source of Origi n 
Article 79D 
Source of origin shall be protected as a sign which: 
a. complies with the provisions of Article 79A paragraph (1) but 
it has been registered; or 
b. solely indicates the origin of certain goods or services. 
Article 79E 
Provisions referred to in Article 79B and Article 79C shall be 
applicable on the. holder of rights on source of origin. CHAPTER X 
INVESTIGATION 
Article 80 IP/N/1/IDNlI/l 
Page 37 
(I) In addition to investigating officers at the State Police of the 
Republic ot Indonesia, certain civil servants from the 
department whose scope of duties and responsibilities concern 
marks shall be granted special authority as investigators 
referred to in Act No. 8 of 1981 on Criminal Proceedings, to 
conduct an investigation of criminal offences in the field of 
marks. 
(2) The civil servant investigator referred to in paragraph (1) 
shall be authorised to: 
a. conduct examination of the truth of reports or 
information relating to criminal offences in the field -of 
marks; 
b. conduct examination of a person or legal entity suspected 
of committing criminal offences in the field of marks; 
c. collect information and evidence frani persons or legal 
entities in connection \vith incidents of criminal offences 
in the field of marks; 
d. conduct examination of the books, records and other 
documents relating to criminal offences in the field of '-
l1iarks' , 
e inspect locations on which evidence, books, records, and 
other documents to be found, as \vell as to confiscate 
materials and goods resulting from infringements which 
can used as evidence in the criminal trials in the field of 
marks; 
f. request expert assistance in the scope of carrying out the 
duties of investigation of criminal offences in the field of 
marks' 
(3) The civil servant investigator referred to in paragraph (1) 
shall inform the investigating officers at the State Police of IP INIlIIDN/IIl 
Page 38 
the Republic of Indonesia about the initiating and the result of 
an investigation. 
(4) The civil servant investigator referred to in paragraph (I) 
shall forward the results of an investigation to the Public 
Prosecutor through the investigating officers at the State 
Police of the Republic of Indonesia it) view of Act No. 8 of 
1981 on Criminal Proceedings. 
CHAPTER XI 
CRIMINAL PROVISIONS 
Article 81 
Any person who deliberately and without right uses a mark which 
is similar in its entirety to a registered mark owned by another 
person or another legal entity for the same kind of goods or 
services produced and or traded shall be sentenced to 
imprisonment for a maximum period of 7 (seven) years and a fine 
of a maximum amount of Rp.] 00,000,000.00 (one hundred 
O1i Ilion rupiah). 
Article 82 
An'y person who delib'erately and without right uses a mark \vhich 
is similar in its essential part to a registered mark owned by 
another person or another legal entity for the same kind of goods 
or services produced and or traded shall be sentenced to 
imprisonment for a maximum period of 5 (five) years and a fine 
of a maximum amount ofRp.50,OOO,OOO.OO (fifty million rupiah). 
,t\rticle 82A 
(1) Any person who deliberately and without right uses a mark 
\vhich is similar in its entirety to a geogrRphicaJ indication 
owned by a,nother person or another legal entity for the same 
kind of goods shall be sentenced to imprisonment for a IPIN/lIIDNIIIl 
Page 39 
maximum period' of 7 (seven) years and a fine of a maximum 
amount ofRp.1 00,000,000.00 (one hundred million rupiah). 
(2) Any person who deliberately and without right uses a mark 
which is similar in its essential part to a geographical 
indication owned by another person or another legal entity for 
the same kind of goods or services produced and or traded 
shall be sentenced to imprisonment for a maximum period of 
5 (five) years and a fine of a maximum amount of 
Rp.50,OOO,OOO.OO (fifty million rupiah). 
(3) Provisions referred to in paragraph (1) and paragraph (2) are 
not applicable to any party who complies with the provisions 
referred to in Article 79 A paragraph (7). 
(4) The representation of actual origin of goods which result from 
an infringement or words which indicate that the goods 
concerned are the imitation of registered goods and protected 
under geographical indication shall not prejudice the 
applicability of provisions referred to in paragraph (1) and 
paragraph (2). 
Article 82B 
Any person who deliberately and without right uses a sign which 
is protected under source of origin on goods or services that is 
likely to deceive or mislead people as to the origin of the goods or 
services concerned shaII be sentenced to imprisonment for a 
maximum period of 5 (five) years and a fine of a maXIITIUm 
amount of Rp.50,OOO,OOO.OO (fifty million rupiah). 
Article 83 
The criminal offences referred to in Article 81, Article 82, Article 
82A and Article 82B shall be felonies. 
A.rticle 84 
( 1 ) Any person trades in goods and or services that are kno\y'n or 
reasonable to be known that the good and or services 
concerned result from infringement an infringement referred ..... ~ IP/NIl/IDN/I1l 
Page 40 
to in Article 81, Article 82, Article 82A and Article 82B shall 
be sentenced to imprisonment of a maximum period of 1 (one) 
year and ora fine ofa maximum amount of Rp. 10,000,000.00 
(ten million rupiah). 
(2) Criminal offences referred to in paragraph (1) shall be 
felonies. 
CHAPTER XII 
TRANSITIONAL PROVISIONS 
Article 85 
All marks that have been registered on the basis of Act No. 2) of 
1961 on Company Marks and Marks and which remain valid on 
the effective date of this Act shall be declared to continue to be 
valid in accordance with this Act for the remainder of the period 
of their registration. 
Article 85A 
(1 )An application for renewal of a mark and for the transfer of a 
mark which has been registered shall be refused by the 
Trademark Offjce if the mark concerned has a similarity in its 
essential part or in its entirety to a well-known ll1ark ovmed by 
another person, in accordance \vith the provisions of Anicle 6 
paragraph (3) and paragraph (4). 
(2) An objection against refusal of the decision referred to in 
paragraph (1) shall be filed to the District Court referred to in 
Article 52. 
Article 86 
(I)A claim for cancellation against a mark referred to in Anicle 
85 may be filed at a District Court referred to in Article 52, 
based on the reasons referred to in Article 5 and Article 6. IP/N/IIIDNIIIl 
Page 41 
(2) A clai m for the' cancellation of the registration of a mark 
referred to in paragraph (1) shall be filed during the period of 
validity of the registration of said mark. 
Article 87 
An application for registration of a mark, extension of the 
registration of a mark, registration of the transfer of rights, 
recording of changes in name and or address, an application for 
the deletion or cancellation of the registration of a mark that was 
submitted on the basis of Act No.21 of 1961 on Company Marks 
and Trademarks, but which has not yet been completed on the 
effective date 'of this Act, shall be completed on the basis of this 
Act. 
Article 88 
All implementing regulations issued on the basis of Act No.21 of 
1961 on Company Marks and Trademarks in existence on the 
effective date of this Act shall be declared to be valid as long as 
they are not in contradiction to this Act or have not been replaced 
b\' new ones on the basis of this Act. 
CHAPTER XIII 
CONCLUDING PROVISIONS 
Article 89 
Upon the effectiveness of this Act, La\-\! Number 21 of 1961 on 
Company l\.1arks and Trademarks are declared to no longer be in 
effect. IP/N/l!IDN/I/1 
Page 42 
ELUCIDATION 
OF 
LAW OF THE REPUBLIC OF INDONESIA Nllli1BER 14 OF 1997 
ON M1ENDMENT OF LA \V NO. ] 9 OF 1992 
CONCERNING 
TRADEMARKS 
GENERAL 
The Decree of People's Consultative Assembly Number 
IIIMPRl199 I on the Guidelines of State Policy asserts, amO:1g 
others, that the world's progress which brings about any 
opportunity in support and capable of speeding up the national 
progress shall be used at its best. In accordance with the directive 
of the Guidelines of State Policy, it is necessary that all global 
developments, changes, and inclinations that may influence the 
national stability as well as the achievement of national objectives 
are closely monitored in such a way so that anticipating steps of 
action may be taken. 
One of the significant and closely monitored development 
in the last decade, which is still going to be t~e inclination in the 
years to come, is the ever growing globalization flow in social 
life, economy, culture as well as in other sides of life. In the field 
of trading, the development of, in particular, infonnation 
technology and transportation has rapidly increased the activities 
in this sector and has even merged the world into a single 
~ ~ 
common market. 
Considering such facts and inclinations, it is then quite 
reasonable when there is a strong urge toward regulatin'g for a 
more appropriate legal protection. ,Moreover, there are some 
countries that rely their economic and trading activities on goods 
and services of fine quality being a result of human intellectuals. 
The General Agreement on Tariff and Trade (GATT) as a 
multilateral trade agreement aimed, basically, to create a free 
trade and eq .. :al treatment, as well as to support the promotion of 
economic growth and development for human prosperity. IP /N/l/IDN/I/l 
Page 43 
In the framework of.the multilateral agreement, in April 
1994 in Marakesh, Morocco, a package of trade negotiation deals 
has been concluded and has become the m'ost comprehensive 
deals GATT has ever achieved. The negotiation which began in 
1986 in Punta del Este, Uruguay, and known as the Uruguay 
Round covers, among others, the Agreement on Trade Related 
Aspect of Intellectual Property Rights (TRIPS Agreement). 
The TRIPS Agreement established norms and stc.ndc.rds of 
protection for human intellectual works,' and laid the international 
agreement on Intellectual Property Rights as its foundation. In 
addition, the Agreement also regulates strict implementing rules 
of legal enforceme;l! of Intellectual Property Rights. 
As a signatory of Uruguay Round, Indonesia has ratified 
the agreement package with Law No. 7 of 1994 concerning the 
Ratification of the Agreement Establishing the \Vorld Trade 
Organization. In line with the policy, to support the national 
development progress, particularly after considering the various 
progresses and changes, Indonesia, which had adopted Law on 
Corporate Trademarks and Commercial Trademarks in 1961, 
which \vas revoked and substituted by Law No. 19 of 1992 on 
Trademarks, views that it is necessary to carry out an amendment 
and perfection of the Law. 
Apart from the amendment on some provisions that are 
considered as providing inadequate legal protection for the owner 
of a trademark, it is also considered necessary to make the 
adjustment in line with the TRlPS Agreement. The goal is to 
eliminate various barriers, particularly to facilitate efforts that 
promote the economic growth as well as national and 
international trade. 
As a consequence of having ratified the Uruguay Round, it 
is considered necessary to make' changes and improvements on 
the Trademarks Law. Such changes are basically directed to 
adjust the Law to the Paris lOlll'elltir)}l for the Protection r!l 
indllstria! Properl)' of 1883 as amended a couple of tim.es, and to 
perfect some inadequate provisions which do not reflect both the IPINIlIIDN/I/1 
Page 44 
current need and international practices. To include in the changes. 
is the adjustment to accommodate the TRIPS Agreement. 
\Vith such background and consideration in view, 
therefore, the general area and course of amendment made on 
Law No. 19 of 1992 on Trademarks covers, among others: 
1. Improvement 
a. Procedures of Trademarks Registration 
Different from the previous provision, this Trademarks 
Law adopts a principle that one application for registration 
of a trademark may be' submitted for more than one class 
of goods and or services. This change is made, in 
particular, to simplify the administration of application for 
trademark registration. This means that it is no longer 
~ ~ 
necessary to submit separate applications for each class 
when the application for registration of a trademark is 
intended for more than one class. However, the required 
payment of registration fee applicable shall be of an 
amount in accordance \vith the number of classes of goods 
and or services applied for. 
Besides, an application for the registration of a 
trademark that uses a foreign language and or characters 
other than Roman characters, or numerals, which are not 
commonly used in the Indonesian language must be 
furnished with its translation in the Indonesian lamzuage ~ ~, 
in Roman characters and using numerals commonly used 
in the Indonesian language, as well as how the trademark 
is pronounced in Roman spellings. 
b Deletion of Registered Trademark 
The Registration of a registered trademark may be 
deleted for a reason that it is not used \vit hi n a consecut ive 
period of 3 .(three) years or more in the trading of goods or 
services as from the date of registration or .last use. IP/N/lIIDNII/1 
Page 45 
Nevertheless, this Law provides exception toward the 
provision above that is in the event that the non-use of the 
registered trademark is beyond' the authority of the owner~ 
such as for the reason of import prohibition or other 
limitations as imposed by the Government. 
c. Protection of\Vell-Known Trademarks 
The protection of well-known trademarks is derived 
from the consideration that the imitation of a well-known 
trademark which is a property of another person. is 
basically founded on a bad intent, in particular, to take 
advantage of the popularity of another person1s trademark. 
Therefore it must not benefit any protection. 
Under this Law, the mechanism of protection of well­
known trademarks is built through the initiative of the 
owner of the trademark concerned as referred to in Article 
56 paragraph (3) of Law No. 19 <?f 1992, as well as 
through the refusal of the Trademarks Office against any 
application for the registration of a trademark which 
shows similarity in its essential part or in its entirety with 
a well-known trademark. 
d. Criminal Sanction 
The perfection is basically done in the \vordings of 
criminal sanction that is previously written as "every 
person" and changed into "whosoever". This amendment 
is meant to avoid a wrong interpretation that a violation by 
legal entity is not punishable under criminal sanction. In 
addition, this is a matter of consistency as of the coverage 
of trademark protection that is limited to goods and or 
services of the same kinds. Therefore, the principle is 
upheld in the provisions of criminal sanction. IP /N/1/IDNlIIl 
Page 46 
2. Add;tion 
Coverage of Protection Regulation 
Besides the protection on goods and services, this Law 
also regulates the protection of geographical indication, being 
a sign that indicates the place of origin of certain goods, an 
area which because of the' geographical environment factors, 
including the nature or human factors or combination of the 
two factors~ gives specific characteristics or quality on goods 
produced therein. 
In addition, this Law also regulates the protection of 
source of origin, being a sign which is almost similar to a sign 
protected as geographical'indication, only that the protection 
is granted \vithout having to be registered. 
3. Changes 
Transfer of Registered Trademarks 
A registered service mark, of which the method of 
rendering the services and the results thereof is very closely 
related to personal ability or skil1 of the person rendering it, 
may be transferred or licensed to another party on the 
condition that it shall be accompanied with a quality guaranty 
from the owner of the service mark concerned. In the pre\'ious 
legislation such transfer could not be done. Furthermore, this 
Law determines that the transfer of such a service mark may 
only be carried out if there is a guaranty that the services 
traded is actually of the same quality. This is important to 
affirm in order to guard and protect the consumers interests. 
ARTICLE BY ARTICLE 
Figure I 
A refusal of the Trademark Office shall be made 
against any application for the registration of a trademark 
that is similar either iIi its essential part or in its entirety, 
for goods and or services. IP/N/l IIDN/II 1 
Page 47 
As of the. criteria of well-known trademarks, besides 
having to consider the common knowledge of the public, 
the determination shall also be based on the reputation of 
the trademark concerned that' is achieved through 
promotional activities carried out by the owner, and 
accompanied with proof of the registration of the 
trademark concerned in other countries (if any). If the 
above conditions are not considered adequate, a Judge 
may order an independent agency to carry out a survey to 
find out whether the trademark concerned is well-known 
or not. 
Furthermore, see also the elucidation of previous 
;\rticle 6 paragra.ph (2) letter a. 
Figure 2 
Basically, a trademark registration may be applied for 
more than one class of goods and or services. It is 
something: that is left to the consideration of the owner of '-' 
a trademark. In the event a proprietor of a trademark 
intends to use his trademark for a number of goods and or 
services that belong to more than one class, he must not be 
burdened by administration procedures that oblige him to 
submit a separate application for each class of the goods 
and or services concerned. 
For that reason, with this amendment, the trademark 
registration procedures become simpler. Apart from 
simplifying the administration, the possibility to submit 
one application for the registration of a trademark for 
more than one class of goods and or services will also 
simplify the examination task. However, the required 
payrr.ent of registration fee for such an application shall be 
of an amount in conformity with the number of classes of 
goods and or services for \\:hich an application is applied. 
Anyhow, such administration facilitation does not 
contravene the essence of Micle 6 paragraph (1), \vhich IP/NIl/IDNIIIl 
Page 48 
provides that legal protection shall be conferred on goods 
and or services within those particular kinds. 
Figure 3 
The change is actually an addition on the requirement 
that shall be fulfilled by a person who files an application 
for the registration of a trademark. The requirement is in 
the form of an explanation on how to pronounce in Latin 
spellings of foreign language used, or numerals being 
applied for registration as a trademark, such as the 
pronunciation of the word "TIGER" has to be written in 
Latin alphabet with its pronunciation as "T AlGER". This 
is important to emphasize in order 10 ease the task of 
trademark examination officer to decide whether there is 
any similarity in term of pronunciation between the 
trademark that is being applied and a registered trademark 
which belongs to another person. Thus, when there is an 
application for the registration of a trademark of which the 
pronunciation written in Latin alphabet is found to be 
similar with a trademark that has been registered and 
belongs to another person, and even though they are 
different in writing/spelling, the Trademark Office shall 
refuse the application for the trademark concerned. 
Figure 4 
The additional prOVISIon concerning "or in member 
countries of the Vlorld Trade Organization" is a 
consequence of the participation of Indonesia within the 
World Trade Organization. 
Furthermore, see also the elucidation of the prevlOUS 
Article 12. 
Figure .5 
\Vith this additional requirement of "its pronunciation 
written· in Latin alphabet 11 as part of the requirement for IP/N/IIIDNIIIl 
Page 49 
registration. of a trademark as required by Article 10, it 
shall follow that such the same requirement shall also be 
prescribed in provision concerning the announcement of 
application for registration of a trademark. 
Furthermore, see also the elucidation of the previous 
Article 21 letter a. 
Figure 6 
See the elucidation of Figure 5. Furthermore, the 
change in letter g, from previously read as 11 on which the 
trademark is registeredll into "for which the trademark has 
been registered" is meant to clarify what it means in the 
requirement concerned. 
See also the elucidation of the previous Article 29. 
Figure 7 
The changes in prOVISion of paragraph (1), that is 
substituting the word "and 11 with the word "orlt is meant to 
clarify an understanding that qualifying one of the 
conditions for refusal of application for the reg1stration of 
a trademark would qualify the person whose application 
was refused to submit an appeal. 
Furthermore, see also the elucidation of the previous 
Article 31. 
Figure 8 
The changes concern with reference, from previously 
referring to Article 33 paragraph (2) to referring to Article 
3 1 paragraph (2). It is meant to refer to a more appropriate 
reference Article . 
. Furthermore, see also the elucidation of the previously 
Article 34. 
figure 9 
As of ownership of trademark on goods, the right upon 
a service trademark basically may also be transferred. It is IP /N1l/IDN/I1l 
Page 50 
necessary to regulate explicitly here so that transfer and 
licensing practices that have been taking place have a clear 
legal foundation. The transfer' of right upon service mark 
may only be carried out when there is a guaranty from the 
owner of the service mark, the holder of the service mark, 
or the licensee, to preserve the quality of the se'rvices they 
trade. 
For that reaSOD, i~ is necessary for the owner of a 
service mark (a license or a party who transfers the service 
mark concerned) to set a special guidance concerning the 
method or procedures on how to render the services on 
which the service mark is attached to. In the event that the 
transfer, for example, relates to hairdressing, then the 
quality guaranty may be in the form of a certificate issued 
by the licensor who qualifies as guaranty upon the 
personal ability or skill of the licensee who renders the 
services in trade. 
Figure 10 
The amendment of Article 51 of which the substance 
is divided into two Articles, being the ne\v Article 51 and 
Article .51 A, is meant to clarify the nlles concerni ng the 
deletion of trademarks registration. Considering the 
different initiators toward a deletion, the rules on deletion 
of the registration of a trademark are defined in a more 
systematic way by splitting up the Article into a ne\v 
.Article 51 that accommodates the provision concerning 
deletion of trademarks registration initiated by the 
Trademark Office, and Article 51 A that regulates then 
deletion initiated by the owner of a trademark. 
To be able to delete the registration of a trademark on 
her own initiative, the Trademarks Office may actively 
search for evidence or avails herself wit h any information 
from the community to be used as consideration. In 
implementing the authority of the Trademark Office, the IP /N/lIIDN/II 1 
Page 51 
owner of the· trademark shall be given an opportunity to 
defend himself in order to preclude the. provision 
concerning deletion, by presenting defenses that may be 
put into the consideration of the Trademark Office. Such 
defenses are, for instance, medication or food and 
beverages products of which the circulation licen'se is a 
competence of another government office, or terrn·...,((lIY 
court decision concerning an order to stop using the 
trademark during a case proceeding. 
An objection against the decision on the deletion of a 
trademark registration by the Trademark Office IDay be 
filed 'in the form of a civil action submitted at the Districi 
Court of Central Jakarta or any other District Courts as 
detennined with a Presidential Decree. 
With this opportunity to file an action of objection) 
thus the right of the owner of a trademark is preserved, 
On the other hand, the deletion of a trademark 
registration may only be initiated by the owner of 
trademark concerned, if such a plan is agreeable to· the 
licensee, The requirement of a \vritten approval of the 
licensee is meant to protect the interest of the party 
concerned, 
FUl1i1ermore, see also the elucidation of the previoLls 
Article 5, 
FiQure 11 
The amendment in provision of paragraph (I) is made 
by adding a phrase "instead, a cassation or an application 
for a reconsideration may directly submitted to the 
Supreme Court'!. This is to clarify that the mechanism of 
settlement against an action concerning the deletion of a 
trademark registration may not be appealed to the Court of 
Appeal Nevertheless. if there is an objection agains1 the 
decision then a cossa/ion or an application for a re­
consideration may be filed at the Supreme Court. IJl~/l/II)~/I/l 
Jlage 52 
Furthermore, see also the elucidation of the previous 
Article 53. 
Figure ]2 
The amendment of provision in Article 56 is made on 
paragraph (1), paragraph (2), and paragraph (4). The 
additional reaso:: that refer::. to A11icle Lt paragraph (1) is to 
clarify the purpose of or the conception contained in 
Article 56, which is to review the status of a trademark 
that has been registered with a hidden intention or bad 
intent on the part of the person who applied for the 
registration. Meanwhile, the purpose of amendment of 
paragraph (4), is to clarify the existence of the right of any 
person or legal entity who has interests in it to file an 
action of trademark cancellation. Vhth this amendment 
then the elucidation of paragraph (4) can be amended at 
the same time. This means that the elucidation of 
paragraph (4) shall be read with an understanding that an 
action for cancellation which is filed at the District Court 
against the owner of a trademark and the Trademark 
Office does not in any way prejudice the chances of the 
plaintiff to bring an action to the State Administrative 
Court: provided the action fulfills the requirement as 
referred to in .A.rticle 53 paragraph (2) and Article 55 of 
Law No. 5 of 1986 concerning the State Administrative 
Court. 
Figure 13 
As in the case of action for trademark deletion, a 
decision of cancellation of a trademark may not be 
appealed but cassatioJ] or application for a re­
consideration may directly be requested at the Supreme 
Court. Figure 14 IPINlllIDNlIIl 
Page 53 
This is to adjust to the amendment of provision in 
Article 6. In addition, the provision in this Article does not 
explicitly mention anymore the content of a legal action. It 
is because the content of a legal action is meant fully to 
serve the interests of the parties concerned. I.n practice, the 
content of a legal action may be to claim dam2.b-.':.!' i'-or 
losses incurred, to seek injunction to restrain trademark 
use, or to claim damages for all profit which could have 
been earned. 
Figure 15 
Different from trademarks, a geographical indication is 
a sign which indicates origin of goods which because of 
the geographical factors, including the nature or human 
factor or a combination of the two factors have given 
specific characteristics and quality to the goods which is 
produced therein. 
The sign that is used as an indication may be in the 
kind of a label that is attached to the goods produced. The 
sign may take the form of a name of an area or region, 
words, pictures, letters or combination of those elements. 
The name of a place may be originated from a name 
that can be found on a geographical map or a name that 
because of continuous use becomes re~known as the place 
of origin of the goods concerned. 
The protection of geographical indication covers goods 
that are produced by nature, agricultural products, 
handicraft products and other certain industrial goods. 
When the requirements are fulfilled, a geographical 
indication may be registered, in particular, for the sake of 
legal certainty. The registration is applied to the 
Trademark Office by an institution that repre.sents the 
community in the area that produces the goods concerned. IP/N/lIIDNlIIl 
Page 54 
Besides t!Jat, a registration may be applied by an 
institution \vhich is authorized to do so and su'ch an 
institution can be a Government institution or other formal 
institutions. In addition, a group of consumers of goods 
using a 'sign that is protected under the geographical 
indication may also apply for registration. This can be 
done because the protection of geographical indication, as 
the case of tradermu ks) is also built to protect the 
communitv of consumers' in a sense that it is built to avoid 
"' activities that might deceit or mislead community, when a 
sign which should have been registered as geographical 
indication, is used by another party in good faith: even 
before it is registered. Therefore, this Law provides a 
possibility of joint-use of the sign by the ovmer of the sign 
and another party for a certain period of time. This is 
based on consideration to set a balance between the two 
interests. 
After the period of 2 (two) years elapses there shall 
only be one right holder of the geographical indication 
who is entitled to use the sign concerned. It is admitted 
that this provision gives an impression that the holder of a 
right of geographical indication is given a priority of 
protection. Such impression is not incorrect, for the main 
factor of geographical indication is nature, human ability 
or a combination of the two that is relatively permanent 
and very much attached to that particular place. 
In the event that a sign that should have been protected 
is not registered, then the protection of the sign shall be 
based on the source of origin. Besides that, a source of 
origin. also covers signs that simply indicate the origin of 
certain goods or services. It means that upon source of 
origin is given a protection \vithout regi stration. The 
reason for protecting source of origin is related to eITons 
to give protection to producers and community of 
consumers of the goods and services concerned. Figure 16 IP/N/lIIDNlIll 
Page 55 
This amendment is made to clarify the authority of 
Civil Servant Investigators, and the procedures on the 
implementation of the task as well as their inter-relation 
\vith the Investigators of the' State Police of the Republic 
of Indonesia and the Pub] ic Prosecutors. A clear provi~ion 
regarding investigation is important for inves(-" ,i'/e 
apparatus in carrying out their tasks. Therefore it is 
necessary to clarify that even though Civil Servant 
Investigators within the 11inistry of which the task and 
responsibility includes management of trademarks, are 
vested with an special authority to be investigators, this 
does not eliminate the function of the Investigators of the 
State Police of the Republic of Indonesia as the l\1ain 
lm·estigators. In carrying out their tasks, Civil Servant 
Investigators are under the coordination and supervision of 
the Investigators of the State Police of the Republic of 
Indonesia. Therefore, during the cours~ of investigation 
Civil Servant Investigators need to consult with the 
lm'estigators of the State Police of the Republic of 
Indonesia. It is in this stage of investigation that the 
Tnvestigators of the State Police of the Republic of 
Indonesia 2ive technical direction concerning the format 
~ ~ 
and the content of Deed of Investigation and at the same 
time check the truth of the content of the Deed. After the 
investigation is over, the result of investigation shall be 
submitted by the Civil Servant Investigators to the 
Investigators of the State Police of the Republic of 
Indonesia, who in turns shall proceed it immediately to the 
the· Public Prosecutor. This is in accordance with the 
principle laid down in Article 6, Article 7 and Article 107 
of Law No 8 of 1981 concerning Criminal Proceedings. 
Bearing in mind this principle, thus the word "through" 
in paragraph (4) is not necessarily to be understood as 
stating that the Investigators of the State Police of the JI>~/llIl)~/I/l 
Page S6 
Republic of Indonesia mayor shall undertake 
reinvestigation. For, technically, the assistance on 
investigation ,as '.vell as on the booking of result of 
investigation basically has been given during a period in 
wh'ich Civil Servant Investigators carrying his 
investigation. That way, the principle of fast and effective 
procedures as prescribed by rriminal Proceedings Law 
can be implemenied. 
Figure 17 
The changes of the phrase Ilevery person'; with the 
phrase "whosoever' is meant to clarify the principle that 
both a person and legal entity are subj ect to criminal 
sanction 
Figure 18 
See the elucidation of Figure 17 
Figure 19 
Self-explanatory 
Fi~ure 20 
Self-explanatory 
Figure 21 
Self-explanatory 
Figure 22 '-' 
This provISIon is needed particularly to give a legal 
foundation for thE> Trademark Office to refuse an 
application for rene\',.:al cif the registration of a trademark 
that has been re~istered at the Trademark Office under 
" - , 
Law No. 21 of 196 '\ concerning Corporate Trademarks 
And Com'mercial Trademarks, Article II 
Self-explanatory IPINIlIIDNIIIl 
Page 57 
SUPPLEMENTARY STATE GAZETTE OF THE REPUBL1C 
OF INDONESIA NUMBER 3681 IPINIlIIDNIIIl 
Page 58 
LAW OF THE REPUBLIC OF INDONESIA 
NO. 19 YEAR 1992 
CONCERNING 
TRADEMARKS 
(UNOFFICIAL TRANSLATION) LAW 
OF THE REPUBLIC OF INDONESIA. 
NUMBER 19 OF 1992 
CONCERNING 
T R A. D E H A. R K 5 
BY THE GRpCE OF THE OHE· AND OHLY GOD 
THE PRESIDENT 'OF THE REPU.BLIC OF INDONESIA IP /NIl/IDN/I1l 
Page 59 
Cons:' derinl]: a. that the Republic of Indonesia is a 
constitutional state based on the Pancasila 
pr i n c i p 1 e san d the 1 9 4 5 Con s tit uti 0 n , \.J h i chi s 
pursuing a materially and spiritually just and 
prosperous society; 
b. that in light of carrying out the national 
development in general and development in the 
economjc sector in particular, trcdemarl\:s as c. 
manifestation of intellectual wcrk possess a 
significant role in the smooth conduct of 
business and in the imprcverr,ent of trade i:l 
goods or services; 
c. that \O/i th 'due regard to such important, role of 
trademarks, measures are deemed necessary to 
improve the regulation' and protection thereof, 
Hhich so far is being regulated by Lat·, -1'10.21 of 
1961 concerning Compa·ny Marks and Trademarks, 
as it is no longer appropriate to the 
develooina r.ircumstances and needs; 
d. that in relation to the ccnsideration~ referred 
to above, it is deemed necessary to improve the 
regulation of trademarks by law. IP/N/lIIDNlIIl 
Page 60 
Recalling 
To enact: 1. Art i cl e 5 paragra ph (1), a rticl e 20 paragraph 
(1). and article JJ of the 1945 Constitution; 
t.Law No.8 of 1981 on Criminal Proced.ural Law 
(Statute Book of 1981 No.'76, Supplement to the 
Statute Book No. 3209). 
With the consent of 
THE -proP-L-frLS REPRBS F.:NTATIVES -ASS E1v:8LY 
OF THE REPUBLIC OF INDONESIA. 
HAS DECIDED: 
THE LAW on TRADEMARKS. 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 
As defined- under this ~aw: 
1 . 11 ark. i sas i 9 n in the for m 0 f a pie t u re, n a 171 e , 
words, 1 e t ters I numbe rs , calor a rrangement or a 
combination of such elements, having distinguishable 
characteristics and is used in trade activities of 
goods or servi~es; 
2. Trademark is a ~ark used on goods t-raded by -a perso~ 
or by several persons jointly! or by a legal entity, 
, . 
in order to distinguish them from other similar 
kinds of goods; 
J. Service Ti\ark is a mark used on services traded by _a 
person or by seVeral p~rson5 jointlY, or by ~ legal 
entity, in order to distinguish ther.l from other 
similar k.inds of services; IP/N/IIIDNII/l 
Page 61 
4. Collective mar},:: is a mark used on goods or services 
with the seme ch,eracteristics as, jointly traded by 
several persons or legal entities, in order to 
distinguish the~ fro~ other goods or services of the 
same kind; 
5. License is a permit given by the prcprietor of the 
registered mark to another person or several persons 
jointly or a 12gal entity to use such mark, either 
for the entire or for. part of the type of registere-d 
I 
6. goods or services; 
Minister is the min'ister 
responsibilities cover \.Jhose 
the 
administration of trademarks; scope of tasKS 
establishment and 
and 
7. Trademark Offic~ is an organizational unit within a 
governmental department exercising the tasks and 
authorities in the field of trademarks. 
CHAPTER II 
COVERAGE OF TRADEMARKS 
Eirst part 
General 
Article 2 
Marks as regulated in this Law shall cover T~ademarks, and 
S e r v ice 11 a r'K s . 
Article 3 
The right to a trademark is an exclusive right conferred by the 
State to the prbprietor of the trademark,l registered in the 
Generral Register,of Trademarks, for a speclfied period of time, 
to be used by himself or to be licensed to another person or to 
several other. persons jointly or to a legal entity for its u.&e. IPlNll/IDNlI/l 
Page 62 
Article 4 
(1) A tr2.demark can only be registered based on an application 
submitted with good int'entions by the proprietor of the 
trader:lark. 
(2) The proprie-t.o-r of the trademark referred to in paragraph 
(1) ;',2.y comprise one person or several persons jointly, or 
a legal corporate body. 
Second Part 
Marxs Which Cannot Be Registered and 
Which will Be Refused 
Articl~ 5 
A tl'aceTilark cannot be registered if it is bearing one of the 
following elements: 
a. it is in contradiction, with ethical nor~s and public order; 
b. it coes not bear distinguishable features; 
c. it has become pUblic property; or 
d. it constitutes an explanation of or is related to the 
goods or services being applied for 'registratio~, 
Article 6 
(1) An application for the registration of a trademark will be 
refused by the Office of Marks if it shows a similarity in 
\.J i t hat r a d e l':\ arK 
been registered 
Kind of goods or 
s ~ r vie e S i) n d \0, hie h are cat ego r i zed \" i t h i non e cIa ss. its casic elements or in its entirety 
owned by other people \o.Jhich has already 
prior. to this application for the sal'ile 
( 2 ) A nap p 1 i cat ion for r e g.i s t rat ion 0 fat r a d e ji, arK \0' i 11 a 1 s 0 
be refused by the Office of Mark if: 
a. it constitutes the name of a f2.r.lOUS person, 
photograph, the tradem'l!rk and nal':\e of a legal 
corpora te body be long ing to anoth e r person \"h i ch is 
c It· e c d y re n mm e d , U n 1 e 5 s U po n h' r i. tt. e nap p t' 0 \' C 1 0 f 
the parties entitled thereto; IP/N/l/IDNIIIl 
Page 63 
b. it constitutes an imitation or a resemblance of a 
name or abbreviation of a name, flag or coat of 
arms, a symbol, or an emble!7l of a country, or of 
national as well as international institutions, 
unless upon written approval of the authorized party; 
c. it constitutes an imitation or a reser.,blance of an 
official sign cr seal or stamp used by a country or 
government organization, unless­
approval of the authorize9 party; or upon \-.'ritten 
~. it constitutes ~ creation of another person which is 
protected· by Copyright, 'tiflless upon \~ritten approval 
of the holder of said Copyright. 
A register~d Third Part 
Protection Period 
Registered HarKS 
Article 7 
~arK shall be valid for Cl period of ten years 
as of the date of its registration and shall be retroactively 
valid as o~ the receipt date of the application 'for registration 
of the trademark concerned. 
CHAPTER III 
APPLICATION FOR REGISTRATION OF A MARK 
first part 
General 
Article 8 
(1) An application for registration of Cl trademark may ~nly be 
submitted tor one class of goods or services. 
(2) The application as referred· to in paragraph (1) shall 
clearly mention the Kind of goods or services belonging to 
a specific class. IP/NIl/IDN/I1l 
Page 64 
(3) The classes of 
paragraph (1) 
Regulation. goods 
shall and 
be services as 
established 
Article 9 referred to in 
by Governrnent 
(1) The' application for registration of a tradef.lark shall be 
submi t ted in 'v!): i t i ng in the Indones ia n language to t:'t\e 
Office of HarKs. 
( 2 ) 
( ] ) 
( 4 ) The application 
shall contain: for r~g i st ra t ion of a tradema rx 
a. the date, month and year; 
b. thE' full name, citizenship and address of the 
proprietor of the trademark; 
c. the full name and address of the proxy, ".,'hen such 
application, for registration of the tradernark 1S 
submitted through a proxy; 
d. the specifie.d address in Indonesia, when the 
proprietor of the trademark does not resid~ 1n 
Indonesia; 
e. the specification of colors, when the trademarx 
applied for registration'.contains color elements; 
f. the class and type of goods 2nd services ,·,'here for 
registration is applied; 
g. country and date of the first tili\e application 'for 
registration of the trad-emar}~, in case the 
a"ppl ica t ion has been submitted under the r igh t 0 f 
pr.ior i ty. 
The application letter for registration of a trademarK 
referred to in paragraph ( 2 ) shall be signed by the 
proprietor of the trademarK or his/her proxy. 
If the application for registration 'c f a tradeTi1a rk 1S 
applied for by several persons or legal corpor·ate· bodies 
jointly entitled to such trademarK, all the names of the 
persons or legal 
application shall be 
shall be specified as corporate bodies 
stated, and one 
their address. SUbmitting the 
particular address IP/N/lIIDNlIll 
Page 65 
(5) Xf the application for. registration of a trademark is 
submitted as referred to .in paragraph (4), such 
appl ica t ion sha 11 be signed by one 0 f the pe rsons or' by 
the representative of the legal corporate body entitled to 
the trademark, and by enclosing written approvals of the 
other persons or legal corpor.pte bodies enti(led thereto. 
( 6 ) 
( 1) In the event the application ~ferred to in paragraph 
( 4 ) 1 5 sub m i t t e d t h r 0 u g h a pro >q .. , a P Q'.,' er 0 fAt tor n e y 
th2 re for lil\lst be signed by all ind i v idua 1"5 e nt i tl ed to th e 
tr~delilark concerned. 
Article 10 
'Ilir:'. application for registration of a .trad-emark as 
reCerred to in article 9 shall be .furnisheci with: 
a. a \o,ritten statement that the trademark being 
submitted for registration is his/her prcperty; 
b , 2 0 ( t \./ e n t y ) s pe c i 11\ ens 0 f 1 ab e 1 s 0 f the per tin e n t 
trademark; 
c. a Supplement to the State Bulletin contcining t};e 
deed of incorpo~ation of the legal corporate body or 
a valid copy of the deed, if the proprietor of thE! 
trademark is a legal corporate body; 
d. a pO',ler of attorney, if the cpplication for 
regi~tration is submitted through a proxy; and 
e, the full payment of the fee for the a9plication for 
registration of a trademark, the kind and aiilount 
whereof shall be stipulated by the Minister. 
(2) n'I':: label of a trademark, using a foreign language or 
containing other than Roman characters or numerals Hhich 
are commonly used in the Indonesian language, shall be 
furnished with its translation into Indonesian using Rnman 
cha racters, and nurnera 1 s commonly used in the rnd'ones ian 
language. 
(3) Additional ,provisions concerning the application for 
registration of a trademark sha~l be further. stipulated by 
Govern~ent Regulation. IP INIlIIDNIIIl 
Page 66 
Article 11 
(1) The application for· registration of a tradenark 5ubm·itted 
by tile propr i e tOl-or the e nt it 1 ed person thereto I wh i le 
not being a res id en t or not. hav i ng a perma nent domic i 1.8 in 
the territory of the Republic of Indonesia, shall be 
submitted through a·proxy ih Indonesia. 
(2) The proprietor or the person enti tled to the trademark as 
r.eferred to in paragraph (1) above, shall state and chose 
a domicile of'his proxy as his/~er address in Indonesia. 
Second Pa rt 
Application for Registration 
Under the Right of Priority' 
Article 12 
The applic~tion for registration of a trademark under the right 
·of priority, as pr-ovided for in the international convention 
concern.l.ng the protection of trademarks, ,,'hich is adhered to by 
the state of the Republic of Indonesia; shall be submitted within 
the pe~iod of six months computed from the date of ~hR receipt 
of t)",,:: first time application for registration of the tradeii1ark 
in another country, which also adheres.to such convention. 
Article 13 
(1) In addition to the require~ents called for in article 9 
2nd article 10, the application for registration of a 
tt'adEr.1ark under the right 'of priority shall be furnished 
I·d. t h a proof· 0 f the re c e i pto f . the fir s t t i 10, e a pp 1 i cat ion 
for registration, from which such right of priority 
originates~ . 
(2) If it is deemed necessary, the Office of trademarks may 
request, that the proof related to the right or prr.;Jerty 
oS referred to in p'aragraph (1), be ·translated. into the 
Indonesian language. IP/N/l/IDNII/l 
Page 67 
(3) If t.he requirements referred to in paragraph (1) and 
paragraph (2) are not bei~g met ,within a per:iod of "fTOt 
longer than three ~onths aftpr expiration of ~he right to 
submit the application for registration under ~he right of 
priority as t'eferr,ed ~o in Article 12, the cl='?lication for 
re g i s t rat ion 0 fat r c.,d e '" ark un de r 1: her i <; h t for pr i 0 r i t Y 
shall be ~ssurned as haVing been withdt'8wn. 
(4) Th8 Office of MarXs shall notify such assumption of 
w i t'h d r'a wa I, as re fer red to in art i cl e (J)" in i'l r i tin g to 
th~ person or legal entity or its proxy, being the 
applicant for reg~stration of the trader.1c.rJ.:, by stating 
the reaso~s of ' said withdrawal. 
Third Part 
EXdnination on the Completeness of the Requirenents 
For the Registration of Trademarks 
Article l~ 
(1) The Office of Marks shall conduct an exaDination on the 
co:::pleteness of ,the requirements for the registration of 
trademarks as referred to in Article 9, article 10, 
article 12 and article 13. 
(2) In the event of any deficiency in complying \-,Iith the 
requirements as referred to in paragraph (1), the Office 
of !-ra rks ,sha 11 're que's t that such ,de f ic i ency be removed 
within ,three months as of the r,e}:eipt date of the request 
for removal of such deficiency by' the Office of Harks. 
(3) If such ,deficiency is related to the requirer.1ents as 
referred to in artl.cle 13, the period of tir.:e for removal 
of deficiencies shall ,not exceed three months as of the 
date of 'expiration of the perfod of time for the 
submission of the application for registration of the 
trade~ark under the right of ptiority. IP/N/IIIDNIIIl 
Page 68 
.h.rticle 15 
p) If such deficiency has not been removed in the ,respective 
per i od 0 f t i m e a s T e fer red to in art i cl e 14, P a 'r a g rap h ( 2 ) 
" or paragraph (3) I the application ,for registration of the 
tradenark shall be assumed as having been withdrawn. 
(2) The Office of Trad~1ilarks shall, 'inferm the apPlicant for 
registration of the tradeTilark, in writing, of such 
assumption of withdrawal, by stating the reasons thereof. 
Fourth Part 
Receipt of the Application 
for Regi~tration of Trademarks 
Article 16 
( 1 ) I f the e x am i n a t i on pr av est hat a 11 the re qu ire men t sas 
call e d for i n P. r tic I e 9 , c. r tic 1 e 1 0 , art i c I e 1 2 and 
article 13 ha'.,ie been fulfilled, the datE. 'of receipt of the 
documents of application for registration of the trademark 
shall be established as the date of receipt of the 
application. 
(2) The date of receipt of the application for registration of 
a ,trademark as referred to in paragraph (1) above, shall 
be recorded by the Office of Trademarks. 
Fifth Part 
Changes on, and. lVi thdra\,Ial of 
the Application for Registration of 'Trademarks 
Article 17 
(1) Any change on the application for registr~tion of a 
trademark will only be allowed by withdr~wing the previous 
application 
registration. and SUbmitting Co new application for IP /NI IIIDNIIIl 
Page 69 
(2) Additional provisions on changes and 'w'ithdra'w'als of 
applications as referred to in paragraph (1) shall be 
regulated 'by Govern~ent Regulation. 
Article 18 
( 1 ) As lOftEj as nod e c i s ion 0 f the 0 f fie e 0 f T r a d e ~ arK s has 
been received, an application for Trade~ar~: registration 
can be \J i t h d r a \m by the per son 0 r Le gal en tit Y 0 r its 
'proxy who has submitted the, application for Tra'demaik 
reg is tra tion:. 
(2) If such \,Iithdra ... "al as' referred to in paragraph (1) is done 
(3) by a proxy, it must be done based on a 
especially prepared for such withdrawal. 
In the event that an application for 
Trcdelilark is withdra'..ln, all fees paid 
'r'rademar}~s \·,ill not be refundable,. 
CHAPTER IV 
REGISTRATION OF A HARK 
First part 
Announcer:.ents 
Article 19 power of attorney 
registration of a 
to the Of f ice of 
The Office of Trademarks shall within 14 days at the latest as 
from the receipt of the 2.pplication for registration of the 
trademary., announce the 'application for registration of a 
Trademar}~, which has complied wi th requirements as referred to 
in article 9 and article 10 and in the event that it has been 
applied for under the right of priority, it must also have 
campI ied--with requ i rements ass t ipuI a tee. in art icle 12 and 
article 13. 
Article 20 
(1') The announcement shall be for the duration of six months 
and shall be made by: JP /Nil IIDNlIIl 
Page 70 
a. placement on an announcement board specifically 
provided for such purpose, to be easily cnd clearly 
noticed by the pUblic; and 
b. placement in the Official Trademark Bulletin, \·,hich 
is periodically published by the Office of 
Trademarks. 
(2) The comme1)cemen t date of annoyncemen t 0 f the ap)?l ica t ion 
for registration of the trademark will be recorded by the 
Office of Trademarks. 
Article 21 
The announcement will be conducted by stating: 
a. The name and address of the Q",·mer of the Trademark, as 
well as the name and address of his proxy when the 
2.pplication for registration of the Trademark 
submi~ted through a proxy; c. 
b . The cl ass cnd kin d 0 f good s 0 r s 2. r '/ ice s for \0.: h i ch a n 
cpplication of registration of its tr2.dei;.c!'K has been 
submitted; 
c. 1he date of receipt of the application for registration of 
the trademar).::; 
d. The na~e of the country and date of:receipt of the first 
registration of the Trademark, in the event that it \.Ias 
submitted under the right of priority; and .. e. a saiilple of .trademark label, including information 
concerning its colors if the trademar~ uses col or 
elements, and if the trademari< label is using a foreign 
l..:.nguage it must be furn-ished with its Indonesian 
translation, using Roman letters and numerals c6mmonly 
used in the Indonesian language. Second Part 
ObjectiDns and· Refutations 
Article 22 IP/NIl/IDN/I1l 
Page 71 
(1) During the period of announcement, any person or legal 
entity can submit his objections in writing ~o the Oifice 
of TrademarKs against the applicatio:l for rEgistration of 
th~ trademarK concerned. 
( 2 ) objecti~ns as referred to in pa rag ra ph ( 1 ) ccn be 
submitted, if there are adequate reasons clang ~ith 
ev idence.; that according to th is 1 a\.J, the tradema rk for 
\,'r,ich registration is heing applied, cannot be accepted 
for registration and must be refused. 
(J) SllOuld there be objections being submitted 2S referred to 
1:1 paragraph (1), the Office of Trace::,arxs shall then. 
wi.thin 14 days at the latest as from the date of receipt 
of the objections, send a copy ..vith t~e content of the 
objections to the person or legal entity or his proxy 
being the applicant for registration of the ~2rK 
concerned. 
Article 23 
(1) The. person or legal entity or his proxy. ,,:ho has submitted 
an ~pplication for registration of the ~rade~ark is 
enU.tled to submit his refutations against objections as 
referred to in Article 22, to th~ Office of Trademarks. 
(2) Refutations as referred to in paragraph (1) shall be 
su1)mi t ted in writ ing not la ter than t\./o mon ths as from th e 
date of receipt· of the tl:1e letter sent by the Office of 
Trc,dema rks del i ver ing the copy with the con tent 0 r the 
objections. 
Article 24 
The Off ice of Trademarks shall use the objections and 
-re fu ta.t inD sas add i tional mater la1 ic conduGt ing its exa r.1ina t ion 
on the ~pplication for registration of the ~rademark concerned. IP/N/lIIDNIIIl 
Page 72 
Third Part 
Substantive Examination 
Article 25 
(1) UpOh expiry of the announcement period as referred to in 
article 20, or in the event of ob}.ections during the 
announcement period, upon receipt of refutat~ons rece~Yed, 
the Office of Trademark~ shall conduct c substantive 
exami na t ions on the' appl i ca ti on for reg i stra tion of th e 
tradef.lark. 
(2) Examination shall be conducted with due regard 'to prticle 
5 and article 6, and to objections and refutations, if any. 
Article 26 
The examination shall be completed not later than nine months, 
computed as from: 
a. the date of expiry of the announcement period, or 
b. the date of expiry of the per-iod for 5ub:uission of 
refutations 
Article 27 
(1) Examination shall be conducted by the Trader.1ark Examiner, 
.... 'ho has the required expertise and qualifications for a 
Tradef.lark examiner at the Office of Trademarks. 
(2) The Trademark Examiner shall have the position of a 
functional officer and appointed and dismissed by the 
Minister on the basis of specific requirements. 
( 3) To the Trad emark Examiner sha 11 be con fer red a fUnct iona 1 
career and allowances additional to other rights in 
conforf.lity with the prevailing regulatory legislation. 
Article 28 
(1) In the event that the Trademark Examiner as referred to in 
Article 27, paragraph (1) is of the conclusion that the 
application for registration 'of the trademarK can be 
approved, the Office for Trademarks ~ill then: IP/N/1IIDNII/l 
Page 73 
a. register such trademark in the General Register of 
Trademarks; 
b. infor~ the person or legal entity or its proxy being 
the applicant for, registration of the trademarK, 
that the,trademark concerned has been registered; 
c. Issue a Trade~ark Certificate; and 
d. announce said registration in the Official Bulletin 
of Trademarks. 
(2) In the event that the Trademark, ~xa~iner as referred to in 
Article 27 paragraph (1) is of the conclusion that the 
application for registration of the trademark should be 
refused, the Office for Trademarks will then stipulate a 
decision concerning the rejection of the application for 
registration of the trademark. 
(3) The decision concerning the rejection as referred to in 
par'" g r a ph ( 2 ) ab 0 vel s hall be con v eye din \.Jr i tin g tot h e 
person or legal entity or its 'proxy who had submitted the 
application for registration of the tradeRar~, whereby the 
reasons for said rejection will also be stated. 
(4) In the event that objections had been submitted, the 
Office for Trademarks will send a copy of the letter of 
notification concerning the registration or refusal of a 
trademark to the person or legal entity or its proxy ""ho 
had submitted such objections. 
Article 29 
(1) The certificate of Trademark shall be issued to the 
applicant for registration of the trademark within a 
per i od of not later tha n th i rty days COl7lpU ted from the 
date such trademark was registered in the General Register 
for Trademarks. 
(2) In the event that the application for registration of th~ 
trademark \o.'as submitted through a proxy, the Certificate 
of Tr2demark referred to in paragraph (1) shall be 
con'/eyed in Hriting to the proxy, with 0 ,copy of th,e 
letl~r to the proprietor of the trademark. 
(3) The certific?'lte of Trademark as referred to in paragraph 
(1) shall contain: IP/N/lIIDNIIIl 
Page 74 
a. the full naTile and address of the proprietor of the 
registered trademark; 
b. the full name and address of the proxy, in the event 
tha t the appl ica tion for .ceg i s tra tion of the 
trademark was submitted according to Article 11; 
c. the date of submission and the date of receipt of 
the application for registration of the trademark; 
d. the name of the the country and the d'ate of 
application for registration of the trademark for 
the first time, in' the event that the application 
for registration \."as submitted und~r the right of 
priority; 
8. the label of the registered trademark, including 
information of the kind of colour if such trademark 
uses colour elements and if the tradenark label is 
using a foreign language it should be furnished with 
its Indonesian translation, in Romen characters and 
numerals, as commonly used in the Indonesian 
language; 
f. the number and date of registration; 
g. the class and kind of goods and services for '"hich 
the trademark was registered; and 
h. the validity period of the Trademark registration; 
(4) Any person can submi t a reques t for a r. excerpt 0 f th e 
official registration of Trademarks as published in the 
General Register for TradeTilarxs. 
(5) Such a request for an, official excerpt cS referred to in 
paragraph (4) will be subject to a payment of which the 
amount will be determined by a Minister's decision. 
Article 30 
It is an obligation to alway~ state the registration numb~r of a 
Trader.,,)rk 'whenever using a registered trademark, of '.lhich its 
execution will be further regulated by a Government Regulation. Fourth Part 
Petition for Appeal 
Article ') 1 IPINIlIIDNIIIl 
Page 75 
(1) A Petition for Appeal may be submitted against the refusal 
of an application for registration of a tradeJ.lar;':, stating 
the reasons and basic considerations regarding substantive 
m2tters~ as referred to in article 5 and article 6. 
(2) A Petition for Appeal shall be ~ubmitted in writing to the 
Appeal Commission. for Trademarks by the applicant for 
registration of the trademark, or legal entity or it.s 
proxy, and a copy thereof should be sent to the Office for 
Tr2.cEmarks. 
(J) The l>.ppea 1 Commi ss ion on Tradelila rks sha 11 be a spec i a 1 
asency, permanently chaired by a ".'ho is 
concurrently a ~ember of the COlilmission, and shall be 
p05itione~ within thE department headed by the Minister. 
(~) The lilembers of the Appeal Commission on llar}:s shall be in 
an uneven number, comprising not less than three persons, 
and shall be composed of the required experts and/or 
seve ral Senior Trademark Examiner I who .... ' ill not conduct 
substantive examination on the application for 
registration of the trademark concerned. 
(5) The chairman and members of the Appeal COlilinission on Harks 
shall be appointed and dismissed by the Minister. 
Article 32 
( 1 ) A Petition for Appeal shall be submitted ... , i th a complet.e 
descript.ion of the objections on the refusal of the 
application for registration of the trademarK, and the 
reasons thereof. 
(2) The reasons as 'referred to in paragraph (1) shC).ll not 
cons t i tut.e correct ions or improvements on the appl ica t ion 
for the registration of the trademark that has been 
refused. IP/N/lIIDNIIIl 
Page 76 
Article )) 
(1) A 'Petition for Appeal shall be submitted not later than 
three ·f.)onths as from the date of receipt ol the 
notification letter of refusal of the applicat~on for 
( 2 ) 
(3) registration of the trademark. 
hlhen the period of time for the 
for Appeal has expired \o,lithout 
being submitted, the refusal 
registration of the trademar~ 
~accepted by the person, 1 eg,a 1 submission of a Petition 
any Petition for Ap~8al 
of t.he application for 
shall be cons'id'Bred as 
entity or its proxy, who 
applied for registration of the trademark. 
In the event that the refusal of the application for 
registration of the trademark. has been considered as 
accepted by the person, legal entity or-its proxy as 
referred to in paragraph ( 2) , the Office of Trademarks 
shall record it in the General Register for Trcdemarks. 
Article 3~ 
(1) The decision of the Appeal Commission on Trademarks shall 
, 
be Til cd e not 1 ate. r t hat six rc. 0 nth S co TiL put e d fro m the d ate 
of receipt of the Petition for Appeal. 
(2) The decision of the Appeal <;:ommission on Trademarks shall 
be final, administratively as well as substantively. 
(J) In the event that the Appeal Commission on Trademarks 
approves the Petition for Appeal, the Office of Trademarks 
shall execute the re.gistration and issue the certificate 
of trc.deloark in the \-lay as referred, to in article 29. 
( '1 ) If the Appeal commission on trademarks refuses the 
Petition for Appeal, the, Office of Marks shall within 
thirty days at the latest as from that date of receipt of 
the dec i si on of the Appea 1 Commi s s ion, not i fy sa id re fus a 1 
to the person or legal entity or its proxy as referred to 
in Article 3'3, paragraph (2). 
Article 35 
The organization structure, 
Commission on Trademarks. the working procedures of the Appeal 
the procedures 0 f pet it i on, th e 
exai':1i na t i on of appea 1 s, a nd the sett 1 ernen t thereof sha 11 be 
further regulated by Government Regulation. Fifth Part 
txtehsion of the validity Period 
for Registered Trademarks 
Article 36 IJ>~/l/Il)~/I/l 
J>age 77 
(1) Upon request of the propr ietor of the trccelil3 r}:, the 
va 1 id i ty per iod for the reg isfered trader.la rk may be 
extended repeatedly for a similar.period of tilile. 
( 2 ) The application for extension of·the validity period of a 
I 
registered trademark shall be submitted in \-Iri.ti.ng to the 
Office of Trademarks '.·)ithin a period of not lilore than 
twelve months and not less than six months prior to the 
expiration date of the validity period of the registered 
Trademarks. 
03) The application for extension- of the validity period of Co 
regi,stered trademark as referred to in paragraph (2) shall 
be submitted to the Office for Trademarks. 
(4) The application for extent ion of the validity period of a 
registered Trademark as referred to in parasr2.ph (2) shall 
be S \J b j e c t to a pay men t 0 f vI h i c h the aDO u n t:. s h 2 11 t e 
determined·by a Minister's decision. 
Article 37 
The application for extension of the validity period of a 
registered irademark shall be approved if: 
a. the pertinent trademark is still being used on the goods 
and services as stated in its Certificate of Trademark. 
b. the ·goods and services referred to in point a. above, are 
still being produced and traded. 
Article 38 
(1) A request for extension of the validity perio~ of a 
registered TrademarK shall be refused by the Office for 
Tradema r~s, if requirements ass t ipul a ted in ,\rticl e 2 G 
and Article 37 are not being rn~t. 
(2) A refusal of of -a request for extension of the validity 
period of a registered Trader.larx shall be notified in 
\.Jriting to the proprietor of the Trademark or his proxy I 
whereby the reasons for said refusal will be stated. IP~/llIl)~/I/l 
Page 78 
Article 39 
(1) The ext ens ion 0 f the va 1 idi t y period of a reg ~!'; tered 
T~ade~ark .shall 
Tracenarks and be recorded 
shall be 
Announcenent for Trademarks. in the Genera 1 Register· of 
publ i shed in an Official 
(2) The e>:tension of the validity period of a registered 
Trade~ark shall be made known in writing to the proprietor 
of said Trademark or his proxy . 
. Sixth Part 
Change of Name and/or Address of 
the Proprietor of A Registered Mark 
Article 40 
(1) Any change of name and/or the address of the proprietor of 
a registered Trademark shall be notified to the' Office for 
Tradeli\ar~:s in order that it be recorded on the General 
Register for Trademarks along with valid copies being the 
evidence of such changes. 
(2) Any chcnge of name and/or address of the proprietor of a 
registered TrademarK shall be recorded by the Office for 
Trademarks and publ ished in the Of f icial Announcement of 
Tradenarks. 
(3) The adi:linistration of the change of the name and/or the 
address of the proprietor of a· registered trademark shall 
be subj ect to a payment of which th e amount \01 i 11 be 
determined by a Minister's decision. 
CHAPTER V 
ASSIGNMENT OF. RIGHT ON A TRADEMARK 
First Part 
Assignment of Right 
Article 41 
(1) Right on a registered trademark may be transferred by 'n'CiY 
of: a. inheritance: 
b. a testament; 
c. a gift; 
d. an agree~ent; or 
e. other causes justified by law. IP /N/l/IDNIII 1 
Page 79 
(2) The transfer of right on a trademark as referred to in 
paragraph (1) shall be accompanied by supporting documents. 
( 3 ) 
( 4 ) In the event that a transfer. of right on a registered 
trader:lark has taken place, it is obligated to subrnit an 
application to the Office of Trademarks for the· 
reyistration of said transfer in the General Register for 
Trademarks. 
The transfer of right on the trademark \oihich has been 
registered at the Office of Trademarks shall be announced 
in the Official Bulletin of Trademarks. 
(5) The legal consequences of the transfer of right on a 
trade~ark shall be in force to all ielated parties as well 
as to third parties, when said transfer has been recorded 
in General Register of Trademarks. 
(6) The registration of a transfer of right on a trademark as 
re [erred to in paragraph (1) above, shall be subj ect to a 
payment of which its amount shall be determined by means 
of a Minister's decision. 
~:rticle 42 
(1) The transfer of right on a trademark may be accornpanie~ by 
the transfer of a good name or reputation or other matters 
related to such trademark. 
(2) The t rans fer 0 f right on a trademark, shall onl y be 
reg i s tered by the Off ice 0 f Trademarks if it is furn i shed 
Hith a written statement from the beneficiary of said 
right that the trademark concerned shall be. utilized for 
trading activities of the related goods or se.rvices. IP/NIl/IDN/IIl 
Page 80 
Article 43 
The right on a registered service trademark of ~hich the method 
of rendering the services and the results thereof is very 
.closely related to or even determined by the p~rsonal abi~ity or 
skill of the individual who renders the services concerned, 
cannot be transferred in whatever form or way. 
Second P"3rtl 
L i 'c ens e 
Article 44 
(1) The proprietor of a registered trader.1arK is entitled to 
extend a license to another. person, based on an agreement, 
to use his/her trademark partly or wholly, for ~he type of 
goods or services belonging to a specific class. 
(2) The license agreement is valid for the entire territory of 
the Rep ubI i c 0 f 1 n don e s i a , U n 1 e s sot hen! 3. s est ate d I for a 
period of time not exceeding the validity period 0: the 
registered tradem~rx concerned. 
(3) An application for registration must be sent to the Office 
of Trademarks, in order to have a 1 icense agreement 
registered. 
(4) A license agreement as referred to in paragraph (3) shall 
be t ecorded in th e Genera 1 Register for Tradema rks and 
shall be .published in the Official Bulletin of Trademarks. 
(5) Cond i tions and procedures for the a ppl ica tion for 
registration of a license agreement shall be further 
stipulated by means of Government Regulations. 
(6) The registration of a License agreement as referred to in 
paragraph (3) shall be subject to a payj~ent of t,.lhich the 
nmount shall be determined by a Minister's decision. 
Article 45 
The propr ietor. of the reg i s tered trademark \·iho has extend ed a 
license to other people as referred to in Article 44, paragraph 
(1) shC\ll remain entit.led to use his trade;;;ark for himself or 
extend a license to another third party to use said trademark, 
unless otherwise stipulited in the agreement. Article 46 IP/N/lIIDN/I/1 
Page 81 
It can be stipulated in the license agreement that the licensee 
can further extend a license to a third party. 
Article 47 
The use 9f a trademark registered in Indonesia by the trademark 
licensee, is considered the same .as the use of said trademark by 
its proprietor in Indonesia. 
Article 48' 
(1) It. is prohibited to include provisions in the . license 
agreement, which may directly or indirectly cause 
dett'lmental effects on the Indonesian economy, or contain 
U.m i ta tions wh ich obs t ruct . the abil i ty of the Indones i a n 
nation in its efforts to master and develop its technology 
in general. 
(2 ) Trademarks office is .obligateo to refuse any 
arplication for registration of a license agreement, which 
contains limitations as ref~rred to in paragraph (1). 
(3) The Trader.larks Office shall inform the proprietor of the 
tn.demark and the licensee or his prox'y, in writ'ing, of 
the refusal as referred to in paragraph (2), whereby 
stating the reasons for said refusal. 
A':cticle 49 
(1) The licensee, in good .faith, of a trademark which is later 
revoked based on the existence of similarities in its 
principles or in its entirety with another registered 
trademark, shall remain enti't.led to utilize such license 
a s be ing a 1 icense on. a t rad ema rk \.Jh ich vIas not r\:?voked, 
until the expiry date of said license agreement. IP/N/1/IDN/I/1 
Page 82 
(2) The licensee as referred to in para.graph (1) is't,hen not 
any more obligated to continue payment of royalties ,which 
he ""ould have to make to the licensor of the revoked 
tradeli1ark I but he will be obl iga ted to p'ay roya 1 ties to 
the proprietor of the trademark that has not been revoKed. 
(3) In the event that'the 'licensor has already received a"11 
royalties at once from the licensee, the licensor is then 
obligated' to p~y royalties to the proprietor of the 
unrevoked license, of which the amount should be 
proportional to the remaining val,idity period of the 
license agreement. 
Articl,e 50 
Further provisions concerning license agreements as referred to 
in Chapter V, Second Part, this law shall be further stipulated 
by means of Government Regulation. 
CHAPTER VI 
ABOLITION AND ANNULMENT OF 
REGISTRATION Of A MARK 
First Part 
Abolition 
Article 51 
(1) Abolition of registration of a trademark from the General 
Register of Trademarks shall be done by the Office of 
Trademarks, 'either on her o\'m initiative or based on a 
request of the proprietor of the trademark concerned. 
(2) Abolition of registration on the initiative of the Office 
of Marks may be done if. SUfficient evidence is found that: a. the pertinent trademark has not IP /NI llIDN/IIl 
Page 83 
been used 
consecutively for t.hree' years or more in the trade 
of goods and services, COJi1puted from the date of 
registration or from the date'of last usage; or 
b. the pertinent trademark has been used for types of 
goods or services which is 'not in line with the kind 
of goods or services' for which the application for 
registration \o,'as submitted. 
(3) Request for the abol it ion ,of reg i strati on of a tradema rx. 
by the proprietor of the trademark, either for all or for 
part of the types of 'go'ods or services belonging to one 
class, shall be submitted to the Office of Trademarks. 
(4) the abolition of the ,registration of a trademark as 
referred to in paragraph (3) shall be recorded in the 
General Register fcir Trademarks, and shall be published in 
the Official Trademark Bulletin. 
(5) Tn the event that Cl trademark as referLed to in paragraph 
(J) 15 still under obligations of a valid license 
agreeDent, abolition can only be done if it is supported 
by a written approval from the licensee. 
(6) ".n exception to an agreement as referred to in paragraph 
(5) ..... ill only be possible when the licensee distinctly 
agrees on the renouncement of such approval as included in 
the license agreement. 
(7) The registration of the abolition of a registered 
Tradema rx as re f erred to in paragraph (4) \.I i 11 be subj ec t 
to a payrnent of ... ,h ich the amount 1,., i 11 be de te rmi ned by 
means of a Minister's decision. IP/N/1/IDN/I/1 
Page 84 
Article 52 
Abolition of a registered trademark based on reasons ~s referred 
to in Article 51 paragraph (2) point a. and point b. can also be 
done by a third party in the form of a claim through 
a. central'Jakarta District Court; or 
b. Another District Court, .... :hich shall be determined by a 
Presidential Decision. 
Article 53 
(1) Upon Judgment of the Court of First Instance as referred 
to in Article 52, 
,submi tted. a Petition for Appeal cannot be 
(2) A copy of the jUdgment of the judicature as referred to in 
paragraph (1) shall be iliU'i'lediately conveyed by the 
Registrar of the Court of First Instance of the district 
concerned to the Office of Trademarks, not later than 
fourteen days as from the date of said judgement. 
(3) The Office of MarKS shall execute the abolition of the 
trad ema rk conce rned, f rol'i\ the Genera 1 Reg i s te r 0 f 
Trademarks, and announce it in the Official Bulletin of 
TrademarK, if such claim for the abolition of registration 
of the trademark has been accepted, and 'the jUdgement of 
the judicature, as referred to in paragraph (1), has 
acquired a definite legal power. 
Article 54 
(1) i\bolition of registration of a trademark shall be 
conducted by the Office of Trademarks by crossing out the 
pertinent trademark frol'i\ the General Register of 
Tradema rks, a nd by prov id i ng a note regard i ng the rea son s 
and date, of such abolition. 
(2) Abolition of registration of the trademark ,as referred to 
i n par a g rap h ( 1 ) s h a 11 be m ad e k no \om i n \·i r it i n g tot h e 
proprietor of the tradel'i\ark or his/her proxy, whereby 
mentioning the reasons therefor, 
the date of the deletion from 
Tradeli1arks, the Certi.ficate of 
be declared as no ionger valid. and confirming that as of 
the General Register of 
Tradema rk concerned sha 1,1 Article 55 IP/N/lIIDN/I/l 
Page 85 
The abolition of registration o'f a trad~Jilark shall have the 
effect that legal protection of the registered tracemark 
concerned is thereby terminated; 
Second Part 
Annulment 
Article 56 
(1) Claim for annulment of the registration of a trademark may 
be made by the party having interest in the matter based 
on reasons as referred to in Article 5 and Article 6. 
(2) A claim as referred to in paragraph (1) cannot be made by 
the proprietor of an unregistered trademark. 
(3) The proprietor of a vlell-known but unregistered trademark 
c~n make a claim as referred to paragraph (1), upon having 
submitted an application for registration of his t~ademark 
to the Office of Trademarks. 
( 4 ) 
(5) The claim for annulment shall be submitted to the 
proprietor of the trademark and the Office ef TradeTi1arks, 
through the Court of First Instance as referred to ln 
Article 52. 
In the event that the proprietor of the t.radema rk, to 
'Which the claim for annulment 'Was l'7\ade, does not reside in 
the territory of the Republic of Indonesia, such claim 
shall be submitted through the Central Jakarta District 
Court of First Instance. 
Article 57 
(1) A Claim for the annulment of the registration of a 
trademark shall be submitted within a period of five years 
computed from the date ~f registr~tion of said trade~ark. 
(2) Excluded from the provision as referred to in paragraph 
(1), a claim for annulment may be subJilitted \.Jithout time 
limit, if the pertinent tradl!Jrnark s,hould not have been 
registered because of its containing elements which are in 
contradiction with ethics and pUblic order. IP/N/IIIDNlIIl 
Page 86 
Article 58 
(1) On the jUdgment of the District C9urt of first Instance as 
( 2 ) referred to in Article 56 paragraph (4), a petition for 
appeal cannot be submitted. 
A copy of the judgment of 
paragraph (1) shall· be the judicature as referred .to in 
forwarded to the Office· of 
Trade~arxs by the Court of First Instance of the district 
concerned not later t.han wi thin fourteen days as froJ7\ the 
date of said jUdgement. 
(J) The Office of Trademarks shall execute the annulment of 
the registration of a pertinent trademark in the General 
Register of Trademarks and shall announce such matter in 
the Official Bulletin of Trademarks if such claim for 
annulment has been approvpd and the judgement of the 
jUdicature as referred to in paragr~ph (1) has acquired 
definite legal po~er. 
Article 59 
(1) The annulment of the registration ef a trademark is 
executed by the Office of Trademar}~s, by crossing out the 
trademark concerned in the General Register for 
Trad ei:1arks, ~he reby prov id i ng notations a 5 to the rea son s 
and date of the annulment. 
( 2 ) The annulment of the registration 
referred to in paragraph (1) shall of 
be a trademarK 
made kno ... m as 
in 
vIr i t i ng to the propr ietor 0 f the trad ewe rx. or hi s proxy, 
~hereby mentioning the reasons therefor, along wi th the 
confirmation that, as of the date of deletion of said 
trademarK from the General Register for Trademarks, the 
related Certificate of Trademark is declared as void. 
(3) The removal of trle registration of a certain trademark 
from the General Register of Trademarks, as referred to in 
paragraph (1). shall be published in the Official Bulletin 
of Trademarks. 
Article 60 
The annulment of the registration of a trademark ha~ ·the effect 
tha·t 1 ega 1 protect i on 0 f s a id t ra d ema rk no longer ex is t. CHAPTER VII 
COLLECTIVE MARKS 
Article 61 IPINIlIIDNIII1 
Page 87 
(1) An application for registration of a trademark on goods or 
serv ices as a Collective TradeT:\ark can only be accepted, 
if ·such application for registration explicitly states 
that such trademark will be used as a Collective Trademark. 
( 2 ) Additional to the stipulati'on concerning the use of a 
Collective Trademark as referred to in paragraph ( 1) I such 
an application for registration shall also be furDished 
\·.'ith a copy of the regulation on the use of a trademark as 
a Collective Trademark, signed by the proprietor of the 
tradeT:\ark concerned. 
(3) The regulation on the use of Collective Trademarks as 
referred to in paragraph (2) should among others contain 
the following: 
Cl. the nature, general characteristics or quality of 
the .goods and services, of which its production and 
trade wi 11 be using the abovelilen t ioned coll ect i ve 
Trcdemark. 
b. stipulations to be adhered to by the proprietor tha~ 
he will conduct effective supervision on the use of 
said trademark. in accordance YJith prevailing 
, regulations.; and 
c. sanctions in the event of violation of regUlations 
on the use of such Collective Trademark. 
Article 62 
On the application for registration of a Collective Trademark, 
an exami.nation shall be conducted on the c.ompleteness of the 
requirements as referred to in article 9, article 10, article 
12, article 1J and article 60. IP/N/1/IDNIIIl 
Page 88 
Article 6) 
I n the event tha t, from th e find ings of the examination on the 
application for registration of a Collective Trademar~, the 
Office of Trade~arks concludes such application can be approved, 
the Office of Trademarks shall then: 
a. register such trademark in the General Register of 
Trademarks whereby enclosing a copy of the Regulation on 
the use of such trademark; and 
b. announce the registration, of the Collective Trademark in 
the Official Bulletin of. Tradema~ks, together ,,'ith the 
Regulation on the use of such trademark. 
Article 64 
(1) Any changes on the regulation for the use of a Collective 
Trademark, must be submitted to the Office of Trademarks 
for registration along with valid copies of documents 
being evidence of said changes. 
(2) Changes as referred to in paragraph (1) shall be recorded 
by the Office of Trademarks, and shall be announced in the 
Official Bulletin of Trademarks. 
(3) Changes on regulations on the use of a Collective 
Trademark, after being recorded in the Ge.neral Register 
for Trademarks, shall be valid for third parties as well. 
(4) The registration of amendments on a regulations on the use 
of Collective Trademarks as referred to in paragraph (1) 
shall be subject to a payment of which the amount will be 
determined by a Minister's decision. 
Article 6S 
The proprietor of a registered Coll~ctive Trademark may only use 
such trad '?ma rk colI ect i vely with other companies, organ i za t ions 
or other associations ~hich are also using the Collective 
Trademark concerned, if the terms and condi tiohs for such 
collective use have been expressly stated in the agreement on 
the use of said Collective Trademark. Article 66 IP INIlIIDNIIIl 
Page 89 
(1) Proprietorship of ? registered collective Trademark can 
only be assigned to a beneficiary if he is capable of 
conductin<j "effective supervision on its use accorc;1ing to 
regulations on the use of Collective Trademarks. 
(2) The assignnent of 'the right on a registered Collective 
Tradei:lark as referred to in par:agraph (1) must be 
submitted for registration at the Office of Trademarks. 
(3) The assignment of a right on a Trademark as referred to in 
paragraph (2) shall be registered in the General Register 
of Trademarks and shall be published in the Offi~ial 
Bulletin of Trademarks. 
(4) The registration of an assignme"nt of a right on a 
registered Collective Trademark as referred to in 
paragraph (2) I will be subject to a payment of which the 
a~ount will be determiAed by a Ministerls decision. 
A reoistered Collective 
~ Article 67 
Trademark cannot be 1 icensed to othey 
people 0r corporate bodies. 
Article 68 
(1) The Office of Trademarks may abolish the registration of a 
Collective Trademark on the basis of: 
a. the request of the proprietor of such Collective 
Trademark upon a written approval of" all users of 
the Collective Trademark; 
b. sufficient evidence that such Collective Trademark 
ha s not been used for th re~ sucee s si ve yea rs or 
~orel computed from the date of its registration; 
c. suff icient" evidence that the Coll ec ti ve Trademark 
has been used for kinds of goods or services; which 
are not in accordance with the kind of goods and 
services that were submitted for regi~tration .. 
d sufficient evidence that the i Collective Trademark 
concerned has not been used in accordance with. 
regulations on the use of Collective Trademarks. IPIN/lIIDNIIJl 
Page 90 
( 2 ) 
( 3 ) A request [or abolition of the registration of a 
collective Trademark as referred to in paragrap~ (1), 
point a. should be submitted to the Office of Trademarks. 
The abolition of the registration of a Coll~ctive 
Trademark as referred to in paragraph ( 2) , 'W ill· be 
recorded in the General Register of TradeTilarks, and 
published in the Official Bulletin of Trademarks. 
(4) The. registration of the abolition of Cl registered 
Coll ecti ve Tradema rk as re ferred to in paragraph (3). w i 11 
be subject to a payment of .which the amount will be 
determined by a minister's.decision. 
Article 69 
A request [or the abolition of the registration of a Collective 
Trademark may also be submitted by a third party in the form of 
a cla im, through the court of First Ins tance I as re f erred to in 
Article 52 based on reasons as referred to in Article 68, point 
h., point c., or point d. 
Article 70 
Apart from the reasons for abolition as referred to in Article 
56 pa ragraph (1) I a reg i s tered Collective TradeTi1ark can al so be 
submitted for abolition to the District Court of First Instance 
as referred to in Article 52, if the use of such Collective 
Tra.demad~ has been contradictive to regulations as referred to 
in Article 61 paragraph (1). 
Article 71 
The entire provisions of this law shall be applicable to 
Collective Trademarks, unless otherwise explicitly stated in 
this Chapter. CHAPTER VIII 
CU>.IHS OF INDEI1NITY 
Article 72 IP/N/lIIDNIIII 
Page 91 
(1) The proprietor ,oC a registered tradeli\ark li\ay maKe a claiD 
against a person or legal, entity who illegally uses his 
trademark, either in its basic elements or in its 'complete 
entity, ,,'hich claim can be in the form of a demand for 
indemnity and termination of ,the illegal use of such 
trademark. 
(2) The claim as referred to in parcgraph (1) shall be 
submitted through the District Court of first Instance as 
referred to in Article 52. 
Article 73 
Claims of indemnity as referred to in article 70 may also be 
submitted' by the licensee of a 
individually or joi'ntly h'ith the 
traderr,ark. registered trademark, either 
proprietor of the pertinent 
Article 74 
(1) Upon request of the proprietor of a trademark or the 
licensee of a registered trademark, 
plaintiff, during the examinatic;>n in his/her capacity of 
period 
more substantial damages, the judge may and to prevent 
instruct the 
defendant to terminat'e the trade of goods and services 
~ith unauthorized Use of'such trademark. 
(2) If on'the unauthorized use of such registered trademark is 
also cla'imed the surrender 'of goods or of the value of 
goods vlhich bea r such trademark, the j u~ge may instruct 
that such surrender of goods or of the value of goods 
shall only 'be executed after ,the judgement of the court 
has acquired defini,te'legal power" and aft-er the plaintiff 
has paid indemnity to the defendant. IP/N/I1IDN/I/l 
Page 92 
Article 75 
On 'the judgment of the Court of t~e First Instance, as referred 
to in Article 72 paragraph (2), a petition for appeal cannot be 
submitted .. 
Article 76 
The right to submit claim, as regulated in this Chapter, shall 
not be to the prejudice of the state~s right to prosecute crime 
in the field of trademarks. 
CHAPTER IX 
MANJl.GEMENT OF MARKS 
Article 77 
The administration of trademarks as referred to in this law 
shall be carried out by the Office of Trademarks. 
Article 78 
The Trademarks Office shall maintain a nationwide documentation 
and information net\wrk on Trademarks, in order to be able to 
provide information concernin~ Trademarks to the public at large. 
In carrying 
Office shall 
Hinister. Article 79 
out the management of trademarks, the Trademarks 
obtain directives from and be responsible to the 
CHAPTER X 
INVESTIGATION 
Article 80 
(1) Apart from Investigators from the State ,Police Force of 
the RepubJic of Indonesia, civil servants from Departments 
whose scope of duties and responsibilities concerns Trademark r.1atters, can be given 
conducting investigations on cri\ilinal 
of Tradema rks, as referred to in 
concerning criminal Procedural Law. the 
actions 
Law No. IP/N/lfIDN/I/1 
Page 93 
authority of 
in the field 
8 of 1981, 
(2) lA civil servant investigator as referred to in par2.graph 
(1) is authorized: 
a. to conduct investigations as to the truth of reports 
and informations concerning criminal actions in the 
field of trademarks. 
b. to conduct investigations on persons or institutions 
who are being sllspected of having committed crir.linal 
actions in the field of trademarks. 
c. to 'collect information and exhibits from people or 
institutions in connection ~ith criminia1 actions in 
the field of trademarks; 
d. to conduct investigations on bookkeepings, records 
end other docui71ents related to cri17Jinal actions in 
the field of trademark; 
e. to conduct investigations at certain locations where 
it is suspected that exhibits can be found, such as 
bookkeepings, records and other docur.1ents and 
confiscate goods as well as other items being 
results of cri1i1inal actions which can be used as 
exhibits in a criminal case in the field of 
trademarks.; and 
f. to request the assistance of experts ln order to 
carry out their duties in investigations on crii71inal 
actions in the field of trademarks 
(3) lA civil servant being authorized to conduct investigations 
as l-eferred to in paragraph (1) shall inform the Public 
Prosecutor of the. commencement of an investigation and 
send him a report on' the result· of such investigation, 
pur sua n t to s tip U 1 at ion sin lA r tic 1 e 107 0 f La w No. 8 0 f 
1981 concerning the Criminal Proc~dur~l La~. IP/N/l/lDN/I/l 
Page 94 
CHAPTER XI 
PENAL PROVISIONS 
Article 81 
Anybody 'v!ho intentionally and without due authorization uses a 
tradCiilarx, similar ;·;i th the complete enti ty of a registered 
tradcnvlrx which is the property of another pe'cson, for the saTl\€ 
types of goods or services being produced and/or traded, shall 
be subj ect to ir.lpr isonme nt for a max imum per iod of seven yea r s 
and a fin e 0 f a m a x 1 m u m a m 0 un' t 0 f Rp. 1 0 0 . 0 0 0 . 0 0 0 ( 0 n e h un d red 
million rupi~hs). 
Article 82 
Anybody "'ha intentionally and without due authorization uses a 
trader.larx, similar to the basic elements of a registered 
trader.larx being the propert~ of another person or legal entity, 
for the sar.le types of goods or services De5.ng produced and 
traded. shall be subject to imprisonment for a ~axir.lum period of 
seven J'car5 and a fine ef a lilaximum amount of Rp. 50,000,000.­
(fifty million rupiahs). 
Article 83 
A criminal action as referred to in Article 81 and and Article 
82 is a felony. 
Article 84 
(1) Anybody \·.'ho is trading goods or services which are known 
or ought to be known as goods and services that are using 
a registered trademark being the property of another 
person without authority, shall be subject to i~prisonment 
for a maximum' period of one year and a fine of a maximum 
amount of Rp. 10,000,000.- (ten thousand rupiahs). 
(2) The criminal action as referred to in paragraph (1) is a 
misdel':1eanor. CHAPTER XII 
TRANSITIO!.JAL PROVI·SIO!:S 
Article 85 IP/N/1/IDNlIll 
Page 95 
Id 1 t r a den Co ~. t 5 I·.' hie h h a v e bee n re g i 5 t ere':: en the has i s 0 f Le. 1,.: 
1:0. 21 of lS61, cencer-ning COr.lpa:oy I·~ad:s and Trace :'lar~:s, cnd 
I·.' hie h are s t ill va lid a t the t i 1i'I e 0 f e f'o for c e r.: en t 0 f t his Lc ,,' , 
5 h all bed eel are d tor e Ti\ a in va 1 id ace 0 r d i I: 9 tot his Le "I , for the 
rem~ining validity period of its registration. 
Article 86 
(1) Against a trademark as referred to in Article 85 a clai~ 
for abolition can be submitted through the District Court:. 
of First Instance as referred to in Ar.ticle 52, based or. 
reasons cS referred to in Article 5 and Article 6. 
( 2 ) A c 1 c i fi1 for a b 0 lit ion 0 f the r e g i s t rat ion 0 fat red e fi1 a r ~: 
as referred to in paragraph (1), can only be subf.1itted 
·.· .. ithin the validity period of the registrccion of the 
tradeDcrk concerned. 
Article 87 
The 2.~p·lication for registration ext€ntion of rec;istration, 
registration of the assignment of right, the registr,;ticn ef 
charlges in r.ame and address, requests' for deletion or cbolitio" 
oft her e 9 i s t rat ion 0 Eat r ad e m ark, I·! h i cr~ i s sub [Tt i t t e d b a sed 0 r. 
La 1.,1 1,0. 21 of 1961 concerning. COTi\pany !·:2.rk and Trademar}:, but 
which has not been fina1fzed at the date of enforcement of this 
law, shall be further processed based on ~his la~. 
Article 88 
All implementary regulations ... ,hich are forr.1ulated based on La\·: 
No. 2 1 0 f 1 9 6 1 con c ern i n g Cam pan y m a r J..: san d t r a d e ::1 c d: SI·.' h i ch 
already existed on the date of enforcement of this l2.w shall be 
declared as to re~ain valid in so fac it is not in contradiction 
or replaced with new provisions based on this law. IP/N/lIIDNIII1 
Page 96 
CHAPTER XIII 
CLOSli:C ~ROVISIONS 
Article 89 
h'ith this Law coming into force, Law number. 21 of 19.61, 
concerning Company Marks and Trademarks, shall be declared as no 
longer valid. 
Article 90 
This Law sh01l come into force on April I, 1993. 
In order to make this Law public, the promulgation thereof shall 
be instructed to be done by a insertion thereof the Statute Book 
of the Republic of Indonesia. 
~romul~ated in Jakarta 
On 28 August 1~~2 
THE 11INISTER/STATE SECRETARY 
110ERDIONO Ratified in Jckarta 
On .28 August 1992 
PRESIDENT OF THE R.I. 
SOEHARTO