Key Procedures & Deadlines

- Opposition Window: Trademark applications in Indonesia can be opposed for 2 months (60 days) starting from

   their publication in the Official Gazette of the Directorate General of Intellectual Property (DGIP).

- Digital Filing: All oppositions are filed online via the DGIP portal. Applicants are notified and may submit a

  rebuttal; these materials are reviewed during the official examination.



Grounds for Opposition

- Prior rights: submission of marks identical or similar to earlier registered/applied marks.

- Legal non-compliance: violation of Indonesian laws or public order.

- Bad faith: evidence that the applicant is attempting to benefit unfairly (e.g., mimicking famous marks).

- Strong documentation (such as prior registrations, market activities, promotional evidence) greatly improves

  opposition success.



Trends & Statistics

- Most opposed classes: Class 25 (clothing), 9 (electronics), 3 (cosmetics), 35 (services).

- Current concern: Bad-faith filings and trademark squatting require prompt, proactive monitoring as the

  opposition window is relatively short.

- Post-opposition: Challenges after registration require time-consuming cancellation proceedings before the

  Commercial Court.



Key Case Highlights (2025)

- BYD v. Denza (PT Worcas Nusantara Abadi): BYD’s trademark annulment was dismissed due to incorrect

  defendant status from a prior rights transfer, leaving issues of similarity/bad faith unaddressed.

- PUREDERM non-use: Non-use rules (now five years) led to effective cancellation of dormant marks and new

  market opportunities for legitimate businesses.



Regulatory Developments

1. Substantive Review: Oppositions are combined with the DGIP’s examination, leading to faster but sometimes

    unpredictable outcomes.

2. Non-use Extension: Since July 2024, the period for non-use cancellation is increased from three to five years,

    allowing more time to challenge inactive marks and facilitate market entry.



Practical Advice for Brand Owners

- Monitor Publications: Frequent review of the Gazette is crucial for early action.

- Prepare Evidence: Assemble proof of use and registration immediately upon identifying risks.

- Litigation Backup: Be prepared to initiate court action if oppositions are unsuccessful or the window lapses.