Trademark Registration in Indonesia

Upon incorporation of your company in Indonesia, it is highly suggested that you register for a trademark to protect key business assets. A trademark is defined as something that clearly distinguishes a person, company, or legal organisation. These includes the following that aim to distinguish a brand from its competitors:

The owner’s rights are secured by trademark registration, and the owner can then take legal action against unlawful use of the trademark. Trademarks are protected by intellectual property (IP) rights.

As time goes by, your trademark can also be viewed as a strong recall value item and carries a significant monetary value which can be licensed and assigned.

In Indonesia, trademark registration is governed by Law No. 15 of 2001 (Trademark Act), which is administered by the Directorate General of Intellectual Property Rights (DGIP). This act was modified in 2016 to pass the New Trademark and Geographical Indication Law (Law No. 20 of 2016) to include more types of trademarks.

Following the submission of an application to register a trademark, a formality check will be completed within 15 working days, according to Indonesian trademark legislation. The application must be written in Indonesian and submitted in writing.

All applicants will need to include the following in their application:

They must then pay fees to the Directorate General in order to acquire a filing date, and they must then go through a substantive examination. An examiner will be designated by the Minister of Law and Human Rights to conduct the substantive examination.

If there are no objections to the application within the publishing time, it will proceed to the examination stage, which will last 150 working days. If there is any opposition, the application will be reviewed accordingly.

Applications that contain characteristics that could mislead consumers about the kind, quality, or intended purpose of the goods or services, or that are already protected by another trademark, will not be accepted for registration. The application will not be registered if the description of the goods or services does not match the quality or efficacy of the goods or services.

The DGIP will issue a certificate of registration and publish the trademark in the official Trademark Gazette if the application passes the examination. Any person or legal body may make a written objection to the Directorate General within the period of publication. A two-month re-examination period is enforced in the case of a trademark rebuttal, and an investigation is performed.

The full trademark application process, including processing and approval, can take anywhere between 12 and 24 months. The Indonesia Trademark Database (WIPO) will add the trademark to its roster after this is completed.

The following process will incur costs:

1. Pre-filing searches
2. Registration requests
3. Final registration
4. Registration certificate

Although there is no official trademark registration fee in Indonesia, the estimated expenses of trademark registration in the country normally range from USD$396 to USD$867. The applicant may not be refunded if the application is declined.

New additions to what can be protected by trademark registration are mentioned in Law No. 20 of 2016, which includes:

The registration of international trademarks is also included in Law No. 20 of 2016. The Madrid Protocol is used in Indonesia to register foreign trademarks. The Madrid Protocol is an international treaty that permits a trademark owner to apply for registration in any of the treaty’s member countries.

Infringements of trademark laws include things like patent infringement and non-consensual use of a company’s name. Companies who have not registered any trademarks are particularly vulnerable to such infringements.

As a result, it is strongly advised that all businesses complete trademark registration. This registration can be accomplished at a national or regional office in Indonesia. Those who have a trademark registration that has expired should renew it to keep it active. In Indonesia, such renewals occur every ten years on average.

It is critical to seek the advice of a trademark attorney before attempting to register a trademark in Indonesia. Owners of any Indonesian firm, particularly those who own a foreign company (PT PMA), should be aware that not all logos or words will be accepted for trademark registration.

In addition, trademarks must not infringe on any essential government restrictions. It is also critical to ensure that the trademark to be registered does not have too much information; applications for trademarks with too much description may be refused.

Indonesia is a country plagued by high rates of piracy, especially in relation to the patenting of goods and services. Therefore, the registration of a trademark is an important step to be taken.

Registration of a trademark allows the company to have its goods and services protected against claims of infringement by other parties. Should the owner of the trademark be involved in legal troubles, the owner may sometimes use the trademark registration to receive legal assistance.

Furthermore, having a reputable and marketable trademark adds value to the company’s products or services. This is because the company can use this trademark to create a closer connection between the company and its customers.