The Government has recently issued Presidential Regulation No. 20 Year 2005 on Trademark Appeal Procedure (the “Regulation”). The Regulation was created to facilitate the implementation of Article 32 of Law No. 15 Year 2001 Concerning Trademark

Request for appeal can be submitted on the event of refusal of appeal application by the directorate general of Intellectual Property of the Ministry of Justice and Human Rights, based on substantive reasons as outlined by Articles 4, 5 and 6 of the Trademark Law. The appeal request shall be designated to the Chairman of Appeal Commission in written, with a copy to the Director-General. If the appeal is forwarded by a proxy, a specific Power of Attorney must be attached. All appeal conducted by appellants residing outside Indonesian territory must be filed by their proxy.

Appeal request must be submitted at the latest, 3 months since the government issued a notification of refusal toward trademark application. The Regulation enumerates minimum requirements to be contained in the appeal application. It also obliges all appeal request to attach the copy of government refusal toward trademark registration.

After submitted, the Appeal Commission will examine administrative fulfilments of the submission and will issue its decision within 3 month after the application is declared complete. The Appeal Commission may summon experts, appellants including government official who declined the appellant’s trademark application.

If the Appeal Commission decides to award the appeal, the Directorate General of Intellectual Property shall publicize the Trademark Application in accordance with the Trademark Law. (mma)