Stages of Trademark Registration to Destination Countries Through the Madrid Protocol

There are three stages when a party wants to file an International trademark application through the Madrid Protocol:

  1. The applicant submits an International Trademark registration application to the DGEC, which will then be validated and certified by the DGEC. After completing the validation, the DGEC will send the file to the International Bureau, namely WIPO.
  2. WIPO will receive the file and conduct a formality examination and record and announce it in the international registration list, which will then be published international registration number (IRN). Once the IRN has been issued, the application file will be sent to the trademark office of the destination country.
  3. The Trademark Office of the Destination Country will conduct a substantive examination in accordance with the laws in force in the destination country within a maximum period of 12 or 18 months, and if this period is exceeded, protection is automatically granted.

Domination of Foreign Brands

Trademark applicants in Indonesia are still dominated by foreign trademark owners, including applicants who use the Madrid Protocol method, most of whom are foreign trademark owners. The percentage of domestic trademark applicants is still small compared to the number of business actors in Indonesia, which reaches 67 million.3

This is a challenge for the government, especially for the DGEC, to be able to increase and encourage business actors who are still unaware of the existence of the Madrid Protocol procedure, which can make it easier for business actors to minimize conventional registration costs. The consequence that Indonesia must accept when acceding to the Madrid Protocol is the massive entry of foreign brands into Indonesia. The next challenge for the government is to ensure that people continue to use local products so that the community's economic resources can be maintained, and local Indonesian brands do not lose out to the massive onslaught of foreign brands entering Indonesia, especially foreign brands that register their trademarks in Indonesia through the Madrid Protocol. local Indonesian brands List of References: