What to Do if Your Trademark is Refused in Indonesia

Time:2024-10-23

Source:RH & PARTNERS

Author:

Type:Trademark


Jurisdiction:Indonesia

Publication Date:2024-10-23

Technical Field:{{fyxType}}

While a trademark refusal can be frustrating, it does not necessarily mark the end of your registration journey. You have several options to respond to a refusal:


1. Filing an Appeal

Trademark applicants in Indonesia have the right to file an appeal with the Trademark Appeal Commission within 3 months of the refusal notice. During the appeal, the applicant can present arguments or evidence to challenge the reasons for the rejection. The appeal process allows you to clarify or dispute any points made by the DGIP during the examination process.


2. Amending or Modifying the Trademark

In some cases, modifying the trademark can help overcome the grounds for refusal. For example, if the mark was rejected due to similarity with another trademark, small adjustments to the design or wording can make the mark more distinctive. Working with an intellectual property consultant can help you identify changes that would strengthen your application.


3. Reapplying with a New Trademark

If appealing or modifying the trademark is not feasible, you may consider filing a new application with a completely different trademark. This may be the best option if the current mark is too similar to an existing one or if it lacks the distinctiveness required by law.