Trademarks in Western New Guinea

Competent Authority

• Name of Office: Directorate General of Intellectual Property (DJKI / Direktorat Jenderal Kekayaan Intelektual)
• Working Language: Indonesian (Bahasa Indonesia)
• System Type: National system (intellectual property laws apply uniformly across all Indonesian territory, including Western New Guinea / Papua regions)

International Treaties

• Madrid Protocol: Member
• Paris Convention: Member
• Madrid Designation: Indonesia can be designated through the Madrid System.

Who Can Apply

• Applicants: Both natural persons and legal entities (domestic and foreign) can apply.
• Local Representative Requirement: Foreign applicants must file through a registered Indonesian intellectual property consultant / local representative.
• Power of Attorney: A signed Power of Attorney and a Declaration of Ownership are required for foreign representation.

Online Filing and Search

• Electronic Filing: Available via the DJKI online portal (`merek.dgip.go.id`).
• Search Database: Free public search is accessible via the Pangkalan Data Kekayaan Intelektual (PDKI) database (`pdki-indonesia.dgip.go.id`).

Protectable Trademark Types

• Types: Word marks, logos/figurative elements, names, letters, numerals, color arrangements, 2D/3D shapes, sounds, and holograms.
• Translation/Transliteration: Foreign characters, non-Latin scripts, or non-Indonesian words require a certified translation and transliteration into Indonesian.

Classification

• Classification System: Nice Classification.
• Multi-Class Applications: Supported (single application can cover multiple classes).
• Extra Fees: Official fees apply per class.

Examination

• Absolute Grounds: Examined ex officio by the office.
• Relative Grounds: Examined ex officio by the examiner against prior conflicting marks on the national register.
• Response to Refusals: Office actions or provisional refusals must be responded to within statutory time limits specified by the office.

Publication and Opposition

• Opposition Period: 2 months from the date the application is published in the Official Trademark Gazette.
• Standing: Any third party may file an opposition.

Timelines

• Registration Timeline: An uncomplicated, unopposed application typically takes approximately 12 to 24 months from filing to registration.

Official Fees

• Official fee data for specific local IDR amounts are governed by prevailing government regulations (such as PP No. 28 of 2024) and vary depending on applicant status (general entity vs. micro/small enterprise); exact schedules must be pulled directly from the active DJKI billing portal at the time of filing.

Protection Term and Renewal

• Protection Term: 10 years, calculated from the filing date.
• Renewal Grace Period: Renewal can be requested starting 12 months before expiry and up to a 6-month grace period after expiry subject to surcharges.

Use Requirement

• Non-Use Cancellation: A trademark can be cancelled through court action if it has not been used for 3 consecutive years from the date of registration.
• System Type: Strict "first-to-file" jurisdiction.

Post-Registration Procedures

• Assignments and Changes: Changes in name, address, or ownership, as well as license agreements, must be recorded officially with the DJKI to maintain legal validity against third parties.

Legal Remedies

• Cancellation/Invalidity: Handled via the Commercial Court (Pengadilan Niaga).
• Infringement: Enforced through civil lawsuits and criminal complaints via specialized commercial courts and law enforcement.
• Customs Border Enforcement: Recordation of trademarks is available with Indonesian Customs for border measures against counterfeit goods.

Country-Specific Risks and Practical Notes

• Western New Guinea falls entirely under the jurisdiction of Indonesian national intellectual property laws; regional local governments do not administer separate trademark systems. All filings, enforcement actions, and searches are centralized through the national DJKI framework in Jakarta.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.