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        Frequently Asked Questions

        Explore answers to Frequently Asked Questions about our services and IP protection processes.

        Should you require further information, please feel free to contact us via WhatsApp: +62812-87000-889.

        1. Why should Intellectual Property be recorded or registered?
          Intellectual Property recordation and/or registration provides legal certainty over ownership, protects your assets against unauthorized use, and enhances their commercial value.

        2. How long does the Trademark registration process take?
          The Trademark registration process varies depending on the jurisdiction, but generally takes approximately 6 to 13 months, provided there are no oppositions or refusals.

        3. My work has been infringed or pirated. Can AFFA assist me?
          Yes, AFFA provides legal assistance in handling Intellectual Property infringements, from case analysis to the necessary enforcement actions.

        4. Does AFFA handle international registrations?
          Yes, AFFA has a global network that enables us to provide a range of suitable options and assist clients with the registration and protection of Intellectual Property in various jurisdictions.

        5. I have received a cease-and-desist letter. Can AFFA represent me through litigation?
          Certainly. AFFA provides comprehensive legal assistance, from responding to cease-and-desist letters and legal notices to representation in litigation proceedings when necessary.

        6. Can I claim Priority in Indonesia?
          Yes, you may claim Priority Rights based on the first Trademark application filed in a member country of the Paris Convention or WTO, provided that the Indonesian application is filed within the prescribed period and meets the applicable requirements.

        7. Can I use the Madrid Protocol fo Indonesia?
          Yes, Indonesia is a member of the Madrid Protocol. Trademark owners from member countries may designate Indonesia in their international applications to seek Trademark protection in Indonesia.

        8. How are Trademarks examined in Indonesia?
          Applications undergo formality examination, publication, and substantive examination by the Directorate General of Intellectual Property (DGIP). The substantive examination determines whether the Trademark meets the requirements for registration and protection.

        9. What cannot be registered as a Trademark?
          These include, among others, signs that lack distinctiveness, merely describe the relevant goods or services, mislead the public, violate laws, morality, religion, or public order, as well as Trademarks that are similar to other Trademarks or third-party rights under circumstances prohibited by law.

        10. How long is Trademark protection valid?
          A registered Trademark is protected for 10 years from its Filing Date and may be renewed for successive 10-year periods, subject to the applicable requirements.

        11. Can I register without using the Trademark yet?
          Yes. Use of the Trademark is not a prerequisite for filing a registration application. However, once registered, non-use of the Trademark for five years from the registration date may expose the registration to the risk of cancellation.

        12. Can Trademarks be licensed?
          Yes. The owner of a registered Trademark may license another party to use the Trademark under a license agreement. Recordal of the license agreement is important for the license to have legal effect against third parties.

        13. Can Trademarks be assigned?
          Yes. Trademark rights may be transferred through inheritance, a will, waqf (endowment), a gift, an agreement, or other means permitted by law. The transfer should be recorded in accordance with the applicable regulations.

        14. What if I receive an Office Action?
          Do not ignore it. You should promptly analyze the grounds for the objection or refusal issued by the DGIP and submit a response within the applicable deadline. AFFA can assist in developing the appropriate strategy and legal arguments to respond to the Office Action.

        15. How do I renew my Trademark?
          A Trademark owner may file a renewal application with the DGIP, either directly or through AFFA, before the protection period expires. Renewal is also possible during the applicable grace period after expiration, subject to the relevant requirements and fees.

        16. Can I register my company name as a Trademark?
          Yes, provided that the name meets the requirements for Trademark registration and does not conflict with third-party rights. Please note that registering a company name does not automatically confer Trademark rights; Trademark protection must be obtained through the Trademark registration system.

        17. How do I protect my brand against counterfeit products in Indonesia?
          A Trademark owner may consider several measures, ranging from sending a cease-and-desist letter, negotiation, and civil litigation to filing a criminal complaint, depending on the facts and nature of the infringement. The appropriate enforcement strategy should be determined after collecting and analyzing evidence of the infringement.

        18. What happens if someone infringes my Trademark?
          A Trademark owner may consider several measures, ranging from sending a cease-and-desist letter, negotiation, and civil litigation to filing a criminal complaint, depending on the facts and nature of the infringement. The appropriate enforcement strategy should be determined after collecting and analyzing evidence of the infringement.

        19. How long do Patent applications take?
          Processing time depends on the type of Patent, the complexity of the invention, the examination process, and responses to examination results. The overall process may take more than two years. Indonesia also provides certain mechanisms that may expedite examination under specific circumstances.

        20. Can foreign companies file Patents in Indonesia?
          Yes. Foreign companies and individuals may obtain Patent protection in Indonesia. Applicants who are not domiciled or permanently established in Indonesia must file through a registered Indonesian Intellectual Property Consultant, in accordance with the applicable regulations.

        As Featured In

        AFFA understands that every intellectual asset holds strategic value that should not be left unprotected. The sooner you act, the stronger your legal position becomes.

        Consult with us today and gain strategic guidance to protect and maximize the value of your intellectual property—before it is too late.

        Contact us via email at [email protected], through WeChat @AFFAIPR, or via WhatsApp: +62812-8700-0889.

        Phone

        +6221-83793812

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        +62812-87000889

        Email

        [email protected]

        [email protected]

        [email protected]

        +6221-83793812

        +62812-87000889

        [email protected]

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