6 Trademark Registration Statuses Every Business Owner Should Understand
Highlights
- Your trademark application status should be monitored regularly because the process continues after submission.
- Each status indicates the legal and procedural position of your trademark application within the DJKI registration process.
- Many applications face problems because applicants fail to understand or respond to changes in their application status.
- Regular monitoring and proper preparation from the beginning can help reduce the risk of trademark rejection.
Many business owners feel safe once they have submitted a trademark application and then return their focus to sales and marketing. However, the trademark registration process does not end with the application.
Your trademark application status continues to progress and may change without you realizing it.
Some business owners only check their application after their brand has already grown, only to discover that the application has encountered problems or has even been rejected.
As a result, they may have to start the process over and risk losing their business identity. That is why it is important to regularly monitor your trademark application from the moment it is filed, rather than simply submitting it and waiting.
Why Should Business Owners Take Their Trademark Status Seriously?
Many business owners assume that once a trademark application has been submitted, the process is essentially complete.
In reality, some of the most critical stages take place after the application is filed. The status of your trademark application determines whether your brand will ultimately be approved and receive legal protection or encounter issues along the way.
Under the DJKI system, changes in application status may require your attention. For example, if you receive a request for a response or an objection from another party, you may have a limited period to respond. Missing the applicable deadline can result in the application being abandoned or otherwise adversely affected.
Your trademark status can also directly affect your business plans. An unresolved trademark application can create challenges when you want to:
- Expand to major marketplaces
- Seek business partnerships or investment
- Open new branches or launch a franchise
It is also important to understand that Indonesia follows a First-to-File principle. In general, the party that files a trademark application first and successfully obtains registration receives the legal rights to the trademark.
Therefore, even if you have been using your brand name for years, you may still face risks if your trademark has not been successfully registered.
Types of Trademark Application Status You Should Understand
According to the official Directorate General of Intellectual Property (DJKI) system, trademark applications go through several stages.
These statuses indicate where a trademark stands in the registration process and whether the applicant needs to take action.
Here is an easy-to-understand explanation:
1. Application Submitted
This status indicates that the trademark registration process has begun and the application data has been submitted to the DJKI system.
At this stage, the applicant completes the application form and submits documents such as identification, the trademark representation, and the relevant goods or services classes.
Once the application has been successfully submitted, the applicant receives an application number confirming that the application has been recorded in the system.
2. Formality Examination
The next stage involves reviewing the completeness and validity of the administrative requirements submitted with the application.
a. Formality Examination
At this stage, DJKI checks whether the required administrative information and documents are complete and comply with the applicable requirements.
This may include:
- Applicant identification details
- The selected trademark classes
- The clarity of the trademark representation or logo
If all requirements are properly fulfilled, the application proceeds to the next stage.
b. Awaiting Response to Formality Examination
If DJKI identifies missing information or errors in the submitted documents, the applicant may be asked to correct or complete the application within a specified period.
c. No Response to Formality Examination
If the applicant fails to respond to a request for correction within the deadline set by DJKI, the application may not proceed to the next stage.
3. Publication
After passing the formality examination, the trademark application enters the publication stage.
During this period, third parties have an opportunity to file an objection if they believe the proposed trademark conflicts with their existing rights.
a. Publication Period
An accepted application is published in the Official Gazette of Trademarks for approximately two months.
During this period, members of the public or interested parties may file an objection to the trademark application.
This stage provides an opportunity to identify potential conflicts with existing trademarks.
b. Objection Filed
If a third party files an objection, DJKI will communicate the objection to the applicant.
The applicant is given an opportunity to respond to the objection in accordance with the applicable procedure.
c. No Objection
If no objection is filed during the publication period, the application proceeds to the next stage, namely substantive examination.
4. Substantive Examination
This is the main examination stage, where the proposed trademark is assessed against the applicable trademark laws and regulations.
a. Substantive Examination
DJKI evaluates whether the trademark meets the requirements for registration.
The examination may consider factors such as:
- Similarity to existing registered trademarks
- Elements that could mislead or confuse the public
- Whether the trademark meets the applicable legal requirements
This stage may take longer than some of the earlier administrative stages.
b. Proposed Rejection
If DJKI determines during the examination that the trademark may not meet the registration requirements, it may issue a proposed rejection.
The applicant may be given an opportunity to submit a response, clarification, or defense.
c. Awaiting Response to Substantive Examination
This status means that the applicant is expected to respond to the proposed rejection or other findings raised by the examiner.
The response must be submitted within the applicable deadline.
d. No Response to Substantive Examination
If the applicant does not respond within the specified period, the application may proceed without the applicant’s response or defense and may ultimately be rejected.
5. Decision
This stage represents the outcome of the trademark examination process.
a. Approved for Registration
If the trademark meets the applicable requirements, DJKI will approve the application for registration.
b. Rejected
If the trademark does not meet the requirements, the application may be rejected.
The rejection generally includes reasons that may help the applicant evaluate whether to revise the trademark or pursue a new application in the future.
6. Registration
This is the final stage of the trademark registration process.
a. Registered
Once approved, the trademark is entered into the General Register of Trademarks and officially recorded.
At this stage, the trademark owner obtains exclusive rights to the registered trademark for the relevant goods or services.
b. Certificate Issued
After registration, DJKI issues a trademark certificate as official evidence of registration.
Trademark protection generally lasts for 10 years from the filing date and can be renewed in accordance with the applicable requirements.
Common Problems When Monitoring Trademark Application Status
Although the trademark registration process is clearly structured within the DJKI system, many applicants still encounter problems because they do not understand the meaning of each status or fail to monitor their applications regularly.
Here are some of the most common issues:
1. Failing to Check the Trademark Application Status Regularly
Many applicants stop monitoring their application after submitting it.
However, the status may change at any stage and could require action from the applicant.
As a result, applicants may fail to notice a request for corrections or a response deadline and lose the opportunity to address the issue on time.
2. Not Understanding the Meaning of the Application Status
Some terms in the DJKI system can be confusing, including:
- Awaiting response to formality examination
- Proposed rejection
- Awaiting response to substantive examination
If these statuses are misunderstood, applicants may take the wrong action or fail to respond altogether.
3. Responding Too Late
DJKI may provide applicants with a specific period to respond during both the formality and substantive examination stages.
Failing to respond within the applicable period may result in the application being:
- Considered discontinued or abandoned
- Processed without the applicant’s response
- Ultimately rejected
4. Problems Originating from the Initial Application
Some problems can be traced back to mistakes made at the beginning of the registration process, such as:
- Choosing a trademark name that is too generic
- Failing to conduct a proper trademark search
- Selecting the wrong goods or services class
These issues may only become apparent once the application reaches substantive examination.
In many cases, these problems are not caused by the registration process itself being overly complicated, but by a lack of understanding and insufficient monitoring of the trademark application status.
FAQ
1. What is the difference between TM and ®?
The ™ symbol is commonly used to indicate that a sign or brand is being claimed as a trademark, even if it has not yet been registered.
The ® symbol indicates a registered trademark and should only be used where the trademark has actually been registered in the relevant jurisdiction.
2. Is a logo considered a trademark?
Yes. Under Indonesian trademark law, a logo can qualify as a trademark when it meets the applicable legal requirements.
3. What does “TM for Publication” mean?
“TM for Publication” generally indicates that the trademark application has reached the publication stage after passing the relevant preliminary examination. During publication, third parties may have an opportunity to file an objection.
How to Protect Your Trademark Application from the Start
Your trademark application status deserves close attention to ensure that every stage progresses properly until registration is completed.
From the initial application and formality examination to substantive examination, each stage requires consistent monitoring and timely action when necessary.
However, not every business owner has the time or expertise to monitor every status change in the DJKI system.
That is why you can consider using a Trademark Registration Service to assist with:
- Conducting an initial trademark search before filing
- Reducing administrative errors and class-selection mistakes
- Providing assistance when a response is required
- Monitoring the trademark application status until the certificate is issued
With professional assistance and experience in trademark registration, you can focus on growing your business while your trademark application is properly monitored throughout the registration process.
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