First Stage of Trademark Examination in Indonesia: Validation & Search — What Is Examined and Why Applications Often Fail Here

Many Trademark applicants assume that once they apply, all they need to do is wait for the certificate to be issued. In reality, it is precisely at this very first stage that many applications stop, are delayed, or even end in refusal. The Directorate General of Intellectual Property (DGIP), as the authority receiving Trademark applications in Indonesia, has even stated that 75% of Trademark applications are rejected.

 

This means thousands of Trademarks are refused every month. This is not surprising, considering that competition in Trademark filings is becoming increasingly intense, as more marks have already been registered.

 

Why is this highly relevant? Because the stages of administrative validation and search (initial examination of potential conflicts) are critical in determining whether your Trademark can proceed or is already problematic from the start.

 

Administrative Validation — “Is the application eligible to be processed?”

 

At this stage, the Trademark Office, namely the Directorate General of Intellectual Property (DGIP), does not assess whether your Trademark is good or bad. Instead, it checks whether the filing complies with formal requirements.

 

The following are validated:

 

1. Applicant Identity
   • Name of the Trademark owner (individual/company)
   • Clear and consistent address
   • For legal entities: consistency with official company data
     
     This stage often fails due to:
     • The company name differs from the deed of incorporation
     • Incorrectly written address
     • The actual owner is different from the listed applicant 
2. Trademark Representation
   • The logo must be clear
   • Colors must match the claim
   • Not blurred, broken, or cut off
     
     This stage often fails due to:
     • Uploading low-resolution images
     • The submitted logo is different from the one used in the market 
3. Class & Description of Goods/Services
   • The class must follow the classification system
   • The description of goods/services must be clear and acceptable
     
     This stage often fails due to:
     • Overly general descriptions (“general trading”)
     • Goods/services not matching the class
     • Using terms not recognized in examination practice 
4. Supporting Documents

• • Power of attorney (if filed through a consultant)
  • Statement of ownership
  • Proof of payment of official fees

 

If deficiencies are not completed or corrected, the application may be considered incomplete and will not proceed to the next stage.

 

Initial Search — “Does this Trademark have problems?”

 

After passing validation, the examination proceeds to initial substantive review, with a particular focus on potential conflicts with other Trademarks. This is where even more applications begin to encounter issues.

 

The assessment is not limited to identical similarity, but also includes:

 

1. Similarity in Principle
   A Trademark may be refused even if it is not the same, as examiners assess:
   • Sound (phonetic similarity)
   • Spelling
   • Visual appearance
   • Meaning
     
     Example:
     A name that sounds similar to a well-known Trademark → high risk of refusal.
2. Conflict with Prior Registered Trademarks
   If there is already a Trademark:
   • With a similar name
   • In the same or related class
   • For similar goods/services
     The likelihood of refusal becomes very high.
3. Trademarks Lacking Distinctiveness
   A Trademark must be able to distinguish your products from others. High risk of refusal arises when a mark is:
   • Too descriptive (“DELICIOUS COFFEE”, “GOOD SHOES”)
   • Merely describing the type of goods
   • A common term in the industry 
4. Contrary to General Provisions
   A Trademark may also fail if it:
   • Violates morality
   • Resembles state/institutional symbols
   • Misleads consumers

 

Why Do Many Fail at This Stage?

 

Because many applicants:

1. Do not conduct a prior Trademark search
2. Assume a name that seems unique to them is legally safe
3. Choose the wrong class
4. Use descriptive terms
5. Underestimate administrative requirements

 

Failure at this stage means:

• The process stops
• Fees are lost
• You must start over with a new Trademark

 

Ultimately, the Validation & Search stage is not just a formality. It is the main filter that determines whether your Trademark is eligible to enter the legal protection process.

 

For businesses, failure at this early stage can mean:

• Delayed product launch
• Risk of legal conflict
• Loss of market momentum

 

Therefore, strategy before filing a Trademark application, especially conducting searches and determining the correct class, becomes a key factor in success.

 

Should you need further information regarding Trademark validation and searches in Indonesia and internationally, contact us through the following channels and receive a FREE 15-minute consultation.

 

📩 E-Mail : [email protected]

📞 Book a Call : +62 21 83793812

💬 WhatsApp : +62 812 87000 889

 

About AFFA: 

Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.