Registering a Trademark in Indonesia is a critical step for any foreign business aiming to enter or expand in the Indonesian market. As Southeast Asia’s largest economy with over 270 million people, Indonesia offers significant commercial opportunities, but also presents challenges in brand protection due to its growing yet competitive market landscape.
Trademark protection in Indonesia is primarily regulated under Law No. 20 of 2016 on Marks and Geographical Indications, which has been amended by Law No. 11 of 2020 on Job Creation and Law No. 6 of 2023. With some supporting regulations include Government Regulation No. 28 of 2019 (official fees), Government Regulation No. 22 of 2018 (Madrid Protocol implementation), Government Regulation No. 90 of 2019 (Trademark Appeal Commission), and Ministry Regulation No. 67 of 2016 (as amended by Regulation No. 12 of 2021) on Trademark Registration Procedures.
Types of Marks That Can Be Registered in Indonesia
You can register:
- Word mark
- Figurative mark
- Combination mark
- Three-dimensional mark
- Sound mark
- Hologram
Indonesia adheres to the first-to-file principle, so early registration is strongly encouraged. Prior use is not considered a strong, bona fide basis of protection in Indonesia.
Types of Marks That Cannot Be Registered
The following cannot be registered:
- If the Mark is contrary to public order or morality
- If the Mark misleads consumers about the nature, quality, or origin of goods/services
- Generic or descriptive terms without distinctiveness
- Identical or similar marks already registered for similar goods/services
- National flags, emblems, or state symbols
- For 3D Mark, it cannot be of functional feature.
Requirements to Register a Trademark
Foreign businesses must appoint a local registered IP/Trademark Consultant to file on their behalf.
Documents needed:
- Power of attorney – simply signed
- Statement of Mark Ownership – simply signed
- Specimen of Mark to be filed
- Details of goods/services and relevant class(es)
- Applicant’s data (name and address)
If claiming priority from a foreign application, the priority document must also be submitted.
Trademark Registration Procedure in Indonesia
Please note that it may take approximately 10-14 months from filing to the issuance of Trademark certificate. The stages are as follows:
- Filing
- Formality Examination (15 days)
- Publication (2 months)
- Examination
- Issuance of registration number
- Issuance of TM Certificate (Digital Certificate only)
Post-Registration: What to Do and Remember
Once your Trademark is registered:
- Use your mark within 5 years to avoid any non-use cancellation action filed by any 3rd party.
- Monitor and enforce your rights through warning letters or legal action.
- Renewal is due every 10 years and can be filed within 6 months before the expiration date (or during a 6-month grace period with a penalty).
- Record any change of ownership or license agreements with the DGIP.
Should you need further information regarding Trademark registration and protection strategies in Indonesia, feel free to contact us at [email protected].
