Under Article 1 Point 22 of the Indonesian Trademark Law, the term “days” mentioned in this law refers to working days, not calendar days. However, this information can sometimes become unclear when conveyed as brief notices to IP owners or their representatives abroad. This misunderstanding often leads to incorrect expectations about the speed of application processing or even delays in document preparation, resulting in unnecessary losses.
How to Differentiate Calendar Days from Working Days?
For example, Article 24 of the Trademark Law states, “Within a maximum period of 30 (thirty) days from the date of sending the notification letter regarding an application that cannot be registered or has been rejected, the applicant or their representative may submit a written response stating their reasons,” the 30-day period here does not mean one month. Instead, it could extend to 1.5 months.
Here’s the calculation:
- 30 days = 30 working days
- Working days = Monday – Tuesday – Wednesday – Thursday – Friday (5 days per week)
- Thus, 30 working days = 6 weeks (30 ÷ 5)
- If converted into total days, it becomes 6 × 7 = 42 days
- Or approximately 8 weeks = 1.5 months (42 ÷ 5).
However, the exact duration will depend on whether the period includes February or months with only 30 days. It is also necessary to consider whether the period consists of public or national holidays.
What About Trademark Application Refusals Filed Through the Madrid Protocol?
Example of a Trademark Refusal Notification Sent by WIPO for an Application Filed Through the Madrid Protocol
If your Trademark is filed through the Madrid Protocol, designating Indonesia as one of the target countries, and it gets refused, the World Intellectual Property Organization (WIPO) will send a complete notification, specifying:
- The date on which the time limit to reply begins
- The time limit to reply
- The final deadline to respond
However, the information provided by WIPO is not entirely accurate because it calculates 30 calendar days instead of 30 working days as stipulated by the Indonesian Trademark Law. This means that the deadline stated in the sample letter—February 12, 2025—is incorrect. The actual deadline should be February 21, 2025. There is a discrepancy of nine calendar days between the date stated in WIPO’s notification and the actual deadline.
Calculating deadlines based on working days may seem beneficial as it provides a longer timeframe. However, if you are looking for a faster resolution, you must be prepared for a longer waiting period, especially if there are additional public holidays not reflected in international calendars.
EXCEPT when the regulation specifies a time limit in months. For example, the period for applicants or their representatives to file an objection against an Official Trademark Gazette Announcement. According to Article 17 of the Trademark Law, it states:
“An objection shall be submitted in writing within a maximum period of 2 (two) months from the date of sending the copy of the objection received.”
In this case, you should interpret it as two full months in calendar days. Thus, your deadline is strictly 2 × 30 days, not 2 × 45 days.
To avoid such confusion, you should contact a trusted Trademark Consultant in Indonesia. With its integrated system, you will always be informed about the latest status of your Trademark. By understanding these deadlines, you can better plan and prepare the necessary budget and documents.
You might also want to read:
Indonesia in BRICS: A Golden Opportunity for Further Trademark Protection
Should you need more information regarding the trademark registration and protection process in Indonesia or globally, feel free to contact us via email: [email protected].
