Trademark
Prosecution
Indonesia, as the largest economy in Southeast Asia and a jurisdiction operating under a first-to-file system, presents both significant opportunities and corresponding risks for brand owners. The timely and considered registration of trademarks is therefore essential, not only to secure exclusivity, but also to maintain control over brand identity and reputation in a competitive and evolving market.Trademark prosecution refers to the process of obtaining registration before the Directorate General of Intellectual Property (DGIP), in accordance with applicable statutory and procedural requirements under Indonesian Trademark Law (Law No. 20 of 2016).
KANA-IP Intellectual Property Counsellors advises on all stages of the prosecution process, including :
- Conducting clearance searches and advising on registrability and risk exposure.
- Reviewing and advising on specifications of goods and services.
- Preparing and filing trademark applications.
- Monitoring examination and publication stages.
- Advising on and responding to office actions.
- Providing status reporting and strategic updates.
- Attending to registration and post-registration formalities.
Each matter is approached with due regard to both legal requirements and the broader commercial context in which the trademark will be used.
Contentious
Trademark disputes may arise at various stages, including during examination, opposition, or after registration. These disputes may involve competing rights, allegations of infringement, or challenges to validity.
KANA-IP advises on contentious trademark matters, including:
- Opposition and cancellation proceedings.
- Responses to refusals and third-party objections.
- Cease and desist correspondence.
- Online enforcement and takedown matters.
- Domain name disputes (.id proceedings before PANDI/PPND).
- Coordination with litigation counsel for court proceedings where required.
Such matters are addressed with a measured approach, balancing legal position, evidentiary considerations, and commercial objectives.
Engage with a structured approach to intellectual property.