Understanding Trademark Substantive Examination
Trademark substantive examination is a crucial stage in the trademark registration process in Indonesia. This stage occurs after the application passes the formality examination and the publication period in the Official Trademark Gazette.
During this stage, the Directorate General of Intellectual Property (DJKI) evaluates whether the trademark meets the legal requirements for registration.
The examination is conducted based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications, which requires that a trademark must have distinctive characteristics and must not be identical or similar to previously registered trademarks.
Several aspects are reviewed during substantive examination, including:
- Similarity with previously registered trademarks.
- Elements that may mislead the public.
- Use of generic or descriptive terms.
- Similarity with state symbols or official institutional marks.
This stage determines whether the trademark application will be accepted or rejected.
Duration of Trademark Substantive Examination
According to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the substantive examination process takes a maximum period of:
- 150 working days after the publication period ends.
During this time, DJKI conducts a thorough assessment of the trademark application.
However, the actual processing time may vary depending on several factors such as:
- The number of trademark applications currently being processed by DJKI.
- Objections or oppositions from other parties.
- Requests for clarification or corrections from the applicant.
In practice, the total trademark registration process in Indonesia may take around 8 to 12 months until the trademark certificate is issued.
What Happens After Substantive Examination
After the substantive examination stage, there are two possible outcomes for the trademark application.
1. Trademark Approved
If the trademark meets all legal requirements, DJKI will:
a. Approve the trademark application
b. Record the trademark in the official trademark register
c. Issue a Trademark Certificate
The certificate grants exclusive rights to the trademark owner for 10 years from the filing date.
2. Trademark Rejected
If the trademark does not meet the legal requirements, the application may be rejected.
Common reasons for rejection include:
- Similarity with an existing registered trademark.
- Lack of distinctiveness.
- Violation of legal or public order provisions.
Applicants usually have the opportunity to submit a response or objection according to applicable procedures.
Contact Biruni Consulting
Trademark registration and substantive examination require proper legal understanding and careful preparation.
Biruni Consulting provides professional services to assist businesses in managing the trademark registration process, trademark analysis, and support during the substantive examination stage at DJKI.
Contact Biruni Consulting for professional trademark consultation and registration services to protect your business brand.
