A new trade mark law has been in effect in Indonesia since 1 August 2001. The act makes a number of procedural changes to the existing law, in order to comply with TRIPS.

The most significant change for existing trade mark owners is in respect of the renewal term. Whilst the term of a registration is still 10 years, previously a renewal application had to be filed no later than 6 months before the expiry of the mark. Under the new law, renewal applications can be filed at any time during the final 12 months before the expiry date, up to and including the expiry date itself. This provision is retrospective, applying to all registered marks as well as new applications.

Other changes to the law include:-

·         A reduction in the Opposition term from 6 to 3 months;

·         Substantive examination will take place before, rather than after, the Opposition term. Additionally, the right to appeal against the Trade Mark Office?s rejection of a mark has been introduced;

·         Applications claiming priority will no longer lapse if the priority documents are not filed within the relevant period (within 9 months of the filing date of the priority case) but will be treated as ordinary applications with no priority claim;

·         A greater emphasis on the prohibition of marks filed in bad faith; Greater protection for well-known marks, including the right of the Trade Mark Office to refuse to renew any registration which is similar or identical to a well-known mark.