How Does Indonesia Stand in the Latest USTR “Notorious Markets” Report? - AFFA IPR

How Does Indonesia Stand in the Latest USTR “Notorious Markets” Report?

Intellectual Property, TrademarkLeave a comment

Every year, the Office of the United States Trade Representative (USTR) publishes the “Review of Notorious Markets for Counterfeiting and Piracy,” a report containing findings on various online and physical markets around the world that are suspected of facilitating large-scale Trademark counterfeiting and Copyright piracy. The primary purpose of this report is to encourage governments, industry stakeholders, and platform operators worldwide to strengthen their efforts in preventing intellectual property violations, while also raising public awareness about the negative impact of piracy and counterfeit goods on the global economy. In the latest 2025 Notorious Markets List (NML), released on March 3, 2026, USTR identified 37 online markets and 32 physical markets that are considered to have significant levels of intellectual property infringement activity. So, where does Indonesia stand in this latest report?   Sports Broadcasting Piracy and the Digital Ecosystem Become Major Concerns Many people may still be unaware that sports broadcasts, just like films or television series, are protected by Copyright. This means that broadcasting or distributing such content across various platforms without authorization and without paying the required licensing fees for broadcasting rights constitutes Copyright infringement. For those aware of this, it may already be apparent that major global sporting events, such as MotoGP or the FIFA World Cup, are becoming increasingly difficult to watch without subscribing to specific platforms. This situation arises because Copyright owners or rights holders for sports broadcasts set substantial licensing fees for these events. According to USTR, the global valuation of sports broadcasting rights reached approximately USD 62.6 billion in 2024. As a result, any unauthorized “leak” or illegal streaming of such broadcasts is considered to cause significant economic losses to the global entertainment industry, making piracy of sports content a serious threat to both the creative industry and the broadcasting business model.   The report also highlights how the modern digital ecosystem—including hosting providers, streaming platforms, cyberlockers, and online advertising networks—can become channels for distributing pirated content if they lack adequate monitoring and complaint mechanisms.   E-Commerce and Social Media Become Key Channels for Counterfeit Goods Another important finding in the report is the shift in counterfeit goods distribution from physical markets to digital platforms, particularly through: e-commerce marketplaces social commerce platforms influencer marketing misleading digital advertisements Intellectual property rights holders have reported that fake advertisements and influencer promotions on social media are increasingly being used to direct consumers to counterfeit or pirated products. However, the report also notes that several digital platforms have begun adopting stronger anti-counterfeiting policies, such as: seller identity verification faster notice-and-takedown systems automated detection tools for counterfeit products enhanced cooperation with rights holders and law enforcement authorities These measures are considered essential to creating a safer digital commerce ecosystem for both consumers and Trademark owners.   What About Indonesia? In previous editions of the report, Indonesia had been highlighted due to the circulation of counterfeit goods in both physical markets and e-commerce platforms. In the latest report, however, the spotlight is primarily on physical markets, while Indonesian e-commerce platforms are no longer a major focus of concern. This may indicate that improvements made by the Indonesian government, digital platforms, and Trademark owners are beginning to show positive results, particularly in: strengthening anti-counterfeiting policies within marketplaces cooperation with Trademark owners mechanisms for removing infringing product listings increasing public awareness of counterfeit products Although challenges in intellectual property enforcement remain, the reduced scrutiny of Indonesia’s e-commerce sector in the latest report represents a significant development.   What Steps Can Be Taken Next? For businesses—especially those engaged in international trade—reports such as the Notorious Markets List carry several important implications: They indicate the level of intellectual property infringement risk in certain markets or countries, helping businesses plan preventive measures and Trademark protection strategies. They influence the perception of investors and international trading partners, as countries with higher infringement risks may find it harder to attract investment. They encourage greater compliance and monitoring by digital platforms, since intellectual property violations in one country or region are increasingly monitored on a global scale.   Should you have questions regarding the latest USTR Notorious Markets report or about trademark protection in Indonesia and abroad, please 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   Source: USTR “Notorious Markets” 2025   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.

Indonesia New Trademark Registration Rules: Scanned Passport & Article of Association are Now Mandatory for Foreign Applicants - AFFA IPR

Indonesia New Trademark Registration Rules: Scanned Passport & Article of Association are Now Mandatory for Foreign Applicants

Intellectual Property, TrademarkLeave a comment

The Government of the Republic of Indonesia has officially enacted Minister of Law Regulation (Permenkum) No. 5 of 2026, which introduces updates to the regulations governing Trademark registration in Indonesia. This regulation replaces Minister of Law and Human Rights Regulation No. 67 of 2016 (including its amendments), which is considered no longer aligned with current legal developments and practical needs. Furthermore, this new regulation implements Law No. 6 of 2023 on Job Creation (UU Cipta Kerja), which amended several provisions of the Trademark and Geographical Indications Law.   What’s New in This Regulation? Many of the general changes to application requirements are set out in Article 2, Paragraph (4), which regulates the required documents for Trademark applications. The key updates include: Identity Card/ Passport Becomes a Mandatory Document For applicant identification documents, the following are now mandatory for individual applicants: National Identity Card (KTP) Child Identity Card (KIA) Limited Stay Permit Card (KITAS) Permanent Stay Permit Card (KITAP) The new regulation also explicitly recognizes the KIA as a valid form of identification.For foreign applicants, whether filing directly or through an attorney, a scanned copy of the passport must be submitted. Director’s Identity Card/ Passport and Article of Association Required for Corporate Applicants If the applicant is a legal entity or company, whether domestic or foreign, the following documents are now mandatory: A scanned copy of the director’s Identity card/ passport, and The articles of association of the company. Certified Translation for Priority Rights If an application claims Priority Rights, the priority document must be accompanied by an Indonesian translation prepared by a sworn translator. With the enactment of this regulation, all Trademark applications filed after the regulation’s promulgation date must comply with these new requirements. Applications submitted before the regulation came into effect will continue to be processed under the previous rules.   Should you have questions regarding the new regulations on Trademark registration and protection in Indonesia, please contact us through the channels below 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.

Examination of Responses to a Provisional Refusal in Indonesia: Understanding the Different Types of Responses and Their Effectiveness - AFFA IPR

Examination of Responses to a Provisional Refusal in Indonesia: Understanding the Different Types of Responses and Their Effectiveness

Intellectual Property, TrademarkLeave a comment

In the Trademark registration process in Indonesia, the issuance of a “Provisional Refusal” does not necessarily mark the end of the road. However, many applicants mistakenly assume that every response has an equal chance of overturning the examiner’s decision. In reality, not all responses are treated the same, and not all will be accepted. This article discusses how examiners assess responses to a provisional refusal, the types of responses recognized under the examination guidelines, and when a response is effective—and when it is ultimately futile.   How Examiners Assess an Applicant’s Response Under the Substantive Examination Guidelines, an applicant’s response is not reviewed merely as a matter of formality. The examiner will: Re-examine the basis of the provisional refusal; Review the type of response submitted; Assess whether the response, from a legal and factual standpoint, adequately addresses the grounds for refusal; and Render a final decision: to accept the application, reject it, or uphold the refusal. In other words, the examination of a response is a substantive evaluation, not a simple administrative confirmation.   Types of Responses to a Provisional Refusal Based on the examination guidelines, there are several forms of responses commonly submitted by applicants. However, their effectiveness largely depends on the nature of the refusal being faced. Agreement with the Provisional Refusal This is the simplest form of response, yet often the most rational. When is it effective? Where the refusal is based on clear absolute grounds (e.g., contrary to morality, misleading, or constituting a common sign); or Where the mark clearly lacks distinctiveness and cannot realistically be remedied through argumentation. When is it a wise option? When proceeding further would only increase costs and time without any realistic prospect of success. Amendment or Formal Changes Amendments may include: Clarification of the mark description; Adjustment of the list of goods and/or services; or Correction of administrative errors. When is it effective? If the refusal is formal or administrative in nature; or If the examiner expressly requests limited clarification or correction. Arguments or Written Rebuttals to the Provisional Refusal This is the most frequently submitted type of response, and also the one that most often fails if not prepared properly. When is it effective? When the arguments directly address the legal grounds of the refusal; When supported by visual, phonetic, and/or conceptual analysis; When able to demonstrate genuine differences in the relevant goods and/or services; and When supported by relevant jurisprudence that can be relied upon as precedent. Letter of Consent (Statement of No Objection) This type of letter is often misunderstood as a “shortcut,” even though some examiners may occasionally accept it. When is it effective? In certain cases involving relative grounds of refusal; Where it does not give rise to public confusion; Where the mark is still considered sufficiently distinctive; and Where there is a business relationship between the applicant and the owner of the cited mark (e.g., parent and subsidiary companies). Request for Extension of Time A request for extension may be submitted, but it is limited in nature and not always granted. When is it effective? Where the applicant genuinely requires additional time to prepare supporting documents; or Where there are relevant parallel proceedings underway.   When Is a Response Effective, and When Is It a Strategic Choice to Refrain? Grounds for Refusal Effective Response Absolute Grounds Agreement with the Refusal Formal Deficiencies Amendment (Making Corrections) Limited (Partial) Similarity Measured Legal Argumentation Strong Similarity Letter of Consent, but often unsuccessful Common / Descriptive Signs Arguments are almost always futile   A response to a provisional refusal is not merely a procedural obligation, but a strategic decision. Submitting an inappropriate response not only fails to change the outcome, but also consumes time and resources without adding value.   In practice, success is not determined by the length of the response, but by the quality of the arguments, the clarity and accuracy of the legal basis, and the relevance of the supporting evidence presented.   Should you require further information on how to respond to a Trademark provisional refusal in Indonesia or abroad, please 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.

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

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

Intellectual Property, TrademarkLeave a comment

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:   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  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  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  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:   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. 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. 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  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: Do not conduct a prior Trademark search Assume a name that seems unique to them is legally safe Choose the wrong class Use descriptive terms 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.

Trademark Substantive Examination in Indonesia - AFFA IPR

Trademark Substantive Examination in Indonesia

Intellectual Property, TrademarkLeave a comment

Indonesia is widely recognized as one of Southeast Asia’s most dynamic consumer markets. However, many foreign businesses entering the market underestimate one of the most decisive stages in brand protection: substantive trademark examination. Far from being a mere administrative checkpoint, Indonesia’s substantive examination can determine whether a trademark ever reaches registration—making it a critical strategic barrier.   This article reframes substantive examination not as a technicality, but as a strategic inflection point in Indonesian trademark protection.   Substantive Examination: What It Really Means in Indonesia   In jurisdictions like the United States or the European Union, substantive examination often focuses on clear-cut issues like descriptiveness or likelihood of confusion based on established databases. In Indonesia, the substantive examination conducted by the Directorate General of Intellectual Property (DGIP) goes beyond simple checklist matching: The examiner interprets trademark registrability against local market/consumer perception. Factors such as cultural meaning, language nuances, and common usage in Indonesian contexts may affect assessment. The system does not presume acceptance based on foreign registrations — even well-known marks can be questioned if they conflict with local rights.   In practice: the substantive examination is less a mechanical database comparison and more a decision on whether a mark should be protected under the Trademark Law in Indonesia.   Why This Matters for Trademark Applicants in Indonesia?   The first-to-file system in Indonesia has real consequences: whoever files first owns the mark — regardless of who used it first.   Prior use in other countries, including long-standing use and global reputation, does not guarantee Indonesian trademark rights. This contrasts with some jurisdictions where prior use and reputation carry weight.   For foreign owners, the implication is clear: Delay in filing = a risk of losing rights Waiting until “market entry” may be too late   Substantive examination is therefore not just a procedural hurdle — it is a race to secure rights before competitors or opportunistic filers do.   What Examiners Look At — From a Business Perspective   Market Perception and Distinctiveness Assessments consider: How the mark might be perceived by Indonesian consumers. Whether it merely describes goods/services (e.g., generic or laudatory terms). This is particularly relevant for brands entering sectors with high linguistic overlap or where a term has different connotations locally.Foreign companies often misjudge: English acronyms vs Indonesian understanding. Translations or transliterations of brand names. Common industry expressions are mistaken for distinctive marks. Conflict with Local Rights DGIP does not limit conflict analysis to exact matches: Phonetic similarity Conceptual similarity Visual resemblance Even if a mark appears unique globally, a local earlier filing with conceptual resemblance may trigger refusal. Strategic implication: Filing without a robust local clearance search exposes your brand to objection risks — and possible defeat.   Examiner Discretion and Legal Interpretation   DGIP examiners exercise considerable interpretive discretion, especially in: Evaluating whether a mark offends public order or morality. Distinguishing between descriptive and distinctive terms. Determining the likelihood of confusion.   This contrasts with rigid rule-based approaches in other jurisdictions. The practical upshot is: Well-structured legal argumentation can influence outcomes — but only if tailored to Indonesian legal and cultural contexts.   Foreign applicants often underprepare responses, leading to avoidable refusals.   Practical Risk Scenarios for Foreign Brands   Scenario 1: Foreign Mark with Local Meaning A brand that appears strong globally may inadvertently use a term that: Is commonly used in the Indonesian language. Describes goods/services when translated. Evokes unrelated meanings locally. Result: Higher risk of substantive refusal on distinctiveness grounds. Scenario 2: Overreliance on Global Reputation A well-known brand often assumes: “Our reputation makes the mark registrable anywhere.” In Indonesia: Reputation alone does not satisfy registrability. Formal proof of distinctiveness may be needed. Oppositions from local holders can succeed despite fame. Scenario 3: Class Expansion without Strategic Planning Broad class coverage can inadvertently trigger numerous conflicts and more intensive examiner scrutiny. Strategic class selection supported by business justification is essential.   Strategic Takeaways for Trademark Applicants in Indonesia   To navigate substantive examination effectively:   Conduct Robust Local Clearance Searches Not just global trademark databases — but: Indonesian language search. Common local usages. Unregistered but commercially used marks. Engage Early with Local Counsel Local IP consultants are not just procedural agents — they are: Interpreters of DGIP practice. Counselors on market perception issues. Defenders in substantive objections. Prepare Legal Arguments Focused on the Indonesian Context Generic responses based on foreign practice will fall short. Effective responses must: Cite relevant provisions within the Indonesian Trademark Law. Align with local consumer perception. Reference analogous DGIP decisions (jurisprudences) when available.   Rather than viewing substantive examination as a technicality, foreign brands should view it as: The primary legal gatekeeper to registration rights in Indonesia.   Failing to navigate it properly can lead to: Refusals and invalidations. Loss of rights to opportunistic filers. Increased legal costs and delay   Foreign companies expanding into ASEAN markets should treat Indonesia not as “just another filing destination” but as a distinct regime with its own legal logic and commercial risks.   Should you need more information on Indonesia’s Substantive Trademark Examination, please contact us through the channels below 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.

Geographical Indications as a New Pillar of Indonesia’s Creative Economy: Transforming Local Heritage into High-Value Assets in 2026 - AFFA IPR

Geographical Indications as a New Pillar of Indonesia’s Creative Economy: Transforming Local Heritage into High-Value Assets in 2026

Intellectual Property, TrademarkLeave a comment

As Indonesia moves toward 2026, its economic development strategy is increasingly and consistently shifting toward an Intellectual Property–based economy. Alongside Trademarks, Patents, Industrial Designs, and Copyrights, Geographical Indications (GIs) have emerged as one of the most strategic and impactful IP instruments.   Through the strengthening of the Geographical Indications system, local heritage is no longer treated merely as protected natural or cultural assets, but is transformed into high-value economic assets capable of improving the welfare of producer communities and strengthening Indonesia’s position in the global market.   The role of the Directorate General of Intellectual Property (DGIP)—together with local governments, universities, producer communities, and Intellectual Property Consultants—in educating the public has been central to this transformation, positioning Indonesia as a leading jurisdiction for Geographical Indications in ASEAN.   Indonesia Leads ASEAN in Geographical Indication Registrations   According to the latest data from DGIP, Indonesia currently ranks first in ASEAN in terms of the number of registered Geographical Indications. As of the end of 2025, a total of 261 Geographical Indications have been officially registered, consisting of: 246 domestic Geographical Indications, and 15 foreign Geographical Indications that have secured protection in Indonesia.   This data reinforces the findings of the World Intellectual Property Indicators 2025, which identify Indonesia as the country with the highest number of active GIs in the region.   This achievement reflects two significant developments simultaneously: The reputation, quality, and distinctive character of Indonesian regional products are increasingly recognized; and There is growing public awareness that Geographical Indications are not merely legal symbols, but strategic instruments for preserving economic value, authenticity, and regional competitiveness.   Geographical Indications as an Economic Strategy, Not Merely Name Protection   At the 30 Minutes with the Director General of Intellectual Property forum titled “Indonesia’s Geographical Indication Achievements & the Indonesian Proposal”, held on 16 December 2025, the Director General of Intellectual Property, Hermansyah Siregar, emphasized that the surge in GI registrations reflects a fundamental shift in how local communities perceive the potential of regional products.   According to him, local products are now viewed not merely as commodities, but as territorial identities with strong reputations, quality, and unique characteristics—attributes that have become key drivers of global market appeal.   This achievement is closely linked to DGIP’s comprehensive service reforms, including: full digitalization of registration processes; accelerated substantive examinations; and direct regional assistance through collaborative approaches.   The pentahelix approach—involving local governments, universities, researchers, and Geographical Indication Protection Communities—has been instrumental in accelerating registrations while ensuring high-quality product specification documentation.   Tangible Economic Impact: When GIs Increase Value and Prosperity   Globally, products bearing Geographical Indication labels command prices that are more than twice those of non-GI products. Consumers are not merely purchasing goods, but authenticity, reputation, and guaranteed origin.   This global trend is clearly reflected in Indonesia, as demonstrated by the following examples:   Gayo Arabica Coffee Experienced price increases and expanded export access, particularly to Europe, following GI protection. Bantaeng Arabica Coffee Prices rose from approximately IDR 350,000 to IDR 750,000, reaching up to IDR 1.5 million at exhibitions. Amed Bali Salt Prices increased by approximately 40%, with production areas developing into thematic tourism destinations. Kerinci Cinnamon Prices surged from IDR 40,000 to IDR 70,000. Sikka Ikat Weaving and Berau Cocoa Demonstrated strengthened market value and cultural identity following GI registration.   These facts confirm that Geographical Indications elevate the value of entire ecosystems, not merely the products themselves.   From Legal Protection to Geographical Indication Tourism   The development of Geographical Indications in Indonesia extends beyond registration and marketing. DGIP has also promoted the concept of “Geographical Indication Tourism,” which connects products with immersive experiences.   Through this approach, consumers and tourists are invited to: visit production sites; understand cultivation and processing methods; and engage with the stories and cultural values behind the products.   Local production centers are thus transformed into sustainable thematic tourism destinations, integrating the creative economy, tourism, and Intellectual Property protection.   Strict Standards and International Credibility   GI registration in Indonesia requires rigorous, science-based substantive examination. Validation relies on objective data—such as product quality testing, geographical conditions, and natural characteristics—to ensure a direct and verifiable link between the product and its region of origin.   This approach ensures that Indonesian Geographical Indications enjoy high credibility in international markets, far beyond mere administrative claims.   International Protection of Indonesian GIs: Toward Global Markets   At the international level, DGIP continues to actively expand protection for Indonesian Geographical Indications abroad. Beginning in 2027, through the implementation of the Indonesia–European Union Comprehensive Economic Partnership Agreement (IEU-CEPA), 72 Indonesian Geographical Indications will receive official protection within the European Union.   This framework is designed to prevent the recurrence of past disputes—such as the Gayo Arabica Coffee case in 2008—and to open pathways for GI protection in the handicraft sector, including traditional textiles and batik, in global markets.   This initiative underscores that Geographical Indications have become an integral component of Indonesia’s economic and cultural diplomacy.   Geographical Indications as a Multi-Generational Investment   Unlike short-term economic models, Geographical Indications offer sustainable, long-term benefits. As long as a product’s characteristics and regional link are preserved, GI protection can continue indefinitely and be passed down to future generations.   For local communities, GIs provide: legal certainty over product identity; enhanced bargaining power in the market; and economic opportunities that endure across generations.   Accordingly, Geographical Indications should be viewed not as a cost, but as a strategic long-term investment.   The strengthening of Geographical Indications demonstrates how Indonesia is consistently transforming local heritage into strategic economic assets. From increased product value and tourism development to international protection, GIs have become one of the core pillars of Indonesia’s creative economy.   The challenge ahead is no longer about potential, but about ensuring that more Indonesian local products move up the value chain through precise, measurable, and sustainable Geographical Indication protection.   Should you need more information on Geographical Indication protection in Indonesia and abroad, please contact us through the channels…

Türkiye to Increase Official Intellectual Property Fees Starting 1 January 2026 - AFFA IPR

Türkiye to Increase Official Intellectual Property Fees Starting 1 January 2026

Intellectual Property, TrademarkLeave a comment

The Turkish Patent and Trademark Office (TÜRKPATENT) will increase official fees for various Intellectual Property procedures effective 1 January 2026. The increase will apply to Patents, Utility Models, Trademarks, and Industrial Designs.   The revised fees will affect multiple stages of the process, including application filing, examination, registration, recordals, and renewals.   What Does This Mean for New Filings or Existing IP Rights Holders in Türkiye?   With the implementation of the new fee structure as of 1 January 2026, any application or renewal filed on or after that date will be subject to higher official fees in accordance with the latest TÜRKPATENT regulations.   This means that: Applicants who are planning new filings in Türkiye may face higher costs if submissions are made in 2026. Trademark, Patent, or Industrial Design owners with renewal deadlines approaching 2026 should carefully plan the timing of their payments. For multi-class Trademark applications or multi-stage Patent procedures, the cumulative financial impact of the fee increase may be significant.   Recommended Actions   To optimize costs and ensure legal certainty, AFFA recommends that clients consider the following steps:   Accelerate Filing Plans If the decision to file in Türkiye has already been made, we strongly recommend initiating the process before the end of 2025 to benefit from the current fee structure. Review Renewal Schedules Ensure that the renewal deadlines for your IP rights in Türkiye are accurately mapped, including the applicable rules on payments made before or after 1 January 2026. Plan Budgets in Advance For clients with extensive IP portfolios or planned business expansion into Türkiye, early cost planning is a strategic necessity that should not be overlooked.   AFFA Intellectual Property Rights will continue to closely monitor official developments from TÜRKPATENT, including the publication of detailed 2026 fee tariffs. We will keep you informed so that you receive timely and accurate information for filing and renewal planning, official fee and professional cost estimation, and the strategic and efficient management of your IP portfolio in Türkiye.   Should you need more information on Trademark protection in Türkiye or other jurisdictions, please contact us through the channels below and receive a FREE 15-minute consultation.   📩 E-Mail: [email protected] 📞 Book a Call: +62 21 83793812 💬 WhatsApp: +62 812 87000 889

Nice Classification 13 Takes Effect in 2026 – What Trademark Owners Must Know When Filing Abroad - AFFA IPR

Nice Classification 13 Takes Effect in 2026 – What Trademark Owners Must Know When Filing Abroad

Intellectual Property, TrademarkLeave a comment

Starting 1 January 2026, the World Intellectual Property Organization (WIPO) will implement the 13th Edition of the Nice Classification (Nice 13-2026) as the latest international reference for the classification of goods and services in Trademark registrations.   For many Trademark Owners, this announcement is often misunderstood as a change that will automatically apply uniformly worldwide. In practice, however, the reality is far more complex—and misunderstanding this point can have a direct impact on your overseas Trademark filing strategy.   This article explains what is actually changing, what is not, and what foreign Trademark Owners need to consider strategically.   What Is the Nice Classification and Why Does It Matter?   The Nice Classification is an international system that divides goods and services into 45 classes (34 classes for goods and 11 for services). It is used by almost all Trademark offices worldwide for Trademark searches, filing, substantive examination, and enforcement.   In other words, the class you select determines the scope of legal protection of your Trademark. Errors in classification may result in rejection, limited protection, or protection gaps that only become apparent when a dispute arises.   What Will Change Starting 1 January 2026?   WIPO will begin applying the 13th Edition of the Nice Classification to new international Trademark registrations processed through the Madrid System (Madrid Protocol) as of 1 January 2026.   Key changes introduced in Nice 13 include: The transfer of certain categories of goods to different classes (e.g. optical products, emergency vehicles, electrically heated clothing). A classification approach that places greater emphasis on the function and intended use of goods. Terminology updates to reflect current commercial practices and technological developments better.   However, this is where an important and often overlooked issue arises.   Not All Countries Automatically Follow WIPO’s Nice 13   The fact is that not all countries will immediately adopt Nice 13, even though WIPO has put it into effect. While WIPO acts as the coordinator of the international system, each national or regional Trademark office retains sovereignty to decide when and how a particular edition of the Nice Classification is adopted—whether immediately, gradually, or with delay.   As a result, in 2026, the world will not be operating under a single, uniform version of the Nice Classification.   Countries That Have Announced Adoption of Nice 13   Several major jurisdictions have announced that they will adopt Nice 13 for applications filed from 1 January 2026, including Singapore, the United States, Hong Kong, as well as some European countries and other Madrid member states.   However, these announcements are not universal. Many countries have not yet issued official statements or continue to apply earlier editions of the Nice Classification—including Indonesia, which still adopts Nice Classification Edition 11.   Accordingly, overseas Trademark filings must follow different versions of the Nice Classification depending on the destination country. This also applies to foreign applicants filing Trademarks in Indonesia, who must still use Nice 11, with no official indication yet as to when Indonesia will adopt Nice 12 or Nice 13.   Instead of Uniformity, Trademark Class Strategy Becomes More Complex   Therefore, as a Trademark Owner, you must understand the following key aspects: Country Designation Strategy Trademark Owners must identify which countries have adopted Nice 13 and which still apply earlier editions before determining the designated countries in an international application. Clearance Search Trademark searches must be conducted using the relevant classes under the Nice edition applicable in the destination country, in order to avoid future conflict risks. Drafting of Goods and Services Specifications The description of goods and/or services must be compatible with the Nice Classification edition applied in the destination country and should not merely replicate the specifications used in the local registration. Trademark Portfolio Management Changes in classification may create protection gaps or overlaps with other Trademarks, which should be anticipated and addressed through regular Trademark portfolio audits.   Should you need more information on Trademark filings in Indonesia and mapping the relevant Nice Classification classes, please contact us directly 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

Resolution 2026: Own Your Trademark – The First Step to Starting Any Business - AFFA IPR

Resolution 2026: Own Your Trademark – The First Step to Starting Any Business

Intellectual Property, TrademarkLeave a comment

As we enter 2026, business practices are undergoing increasingly significant changes. Business is no longer limited to selling physical products or providing conventional services on online platforms. The rise of content creators, podcasters, streamers, influencers, and professionals with strong personal brands has made the business landscape more competitive, dynamic, and diverse. They, too, engage in commercial activities—monetizing value, reputation, and trust built through their public personas.   Amid intensifying competition, one element stands out as a key differentiator: Trademark.   A strong name is not merely an identity; it is the foundation of branding that allows a product, service, or persona to stand apart, be recognized, and be remembered.   BMW? Nike? Amazon? Certainly. But today, we are also familiar with names such as ISawSpeed, MrBeast, or You Can’t See Me by John Cena, and IP-based characters like Bumblebee and Kamen Rider—brands that are not only popular but have also been registered as Trademarks.   Because branding without legal protection is a risk that is often only realized when problems have already arisen.   Branding Alone Is Not Enough Without Legal Ownership   Many business owners and content creators focus on building their name, audience, and reputation over the years. Followers increase, loyal customers are formed, and commercial value grows. Unfortunately, many overlook one critical question: “Do we actually own this name legally?”   Without Trademark registration, there is no exclusive legal ownership of the name being used. This means another party may still have the opportunity to register the same name first. If that happens, the consequences can be severe—an established product, service, or persona may be forced to change its name and could even face legal claims.   This situation is far from rare. In fact, it often affects those who have already achieved success without securing Trademark protection from the outset.   A Trademark Is an Asset—From Day One   There is still a common perception that Trademark registration is only relevant for large companies. In practice, however, a Trademark is most critical at the earliest stage—when a business, channel, or personal brand is just being built.   Whether you are running a small or medium-sized enterprise, a digital startup, a service-based business, or developing a personal brand as a content creator or professional, the name you use is a commercial asset. The more your activities grow, the more valuable that asset becomes. Without legal protection, it is highly vulnerable.   How to Become the Lawful Owner of a Trademark   To obtain lawful and exclusive ownership, Trademark registration must be carried out strategically. The process is not merely about filling out forms; it requires legal understanding and sound business planning. Below are five key steps to consider:   Conduct a Trademark Search A search aims to ensure that the intended name does not conflict with an existing registered Trademark. Similarity is assessed not only visually, but also in terms of pronunciation, sound, and overall impression. This step is essential to avoid the risk of rejection at a later stage. Understand Whether the Name is Registrable Not all names qualify for Trademark protection. Names that are too generic, merely descriptive of the goods or services, misleading, contrary to law, or similar to well-known Trademarks may be rejected. An ideal Trademark has distinctiveness and a clear identity. Determine the Appropriate Trademark Class Trademark registration is based on classifications of goods and/or services. Class selection must be done carefully, as it defines the scope of protection. Incorrect class selection may result in inadequate protection or create opportunities for others to register the same name in different fields. Understand the Examination Stages Once filed, a Trademark application goes through formality examination, publication, and substantive examination. During these stages, refusals or objections from third parties may arise. Proper handling requires legal insight and a well-prepared strategy. Consult a Trademark Consultant to Protect Your Business Future If your focus is on long-term business sustainability, the role of a Trademark Consultant becomes highly relevant. A consultant does not merely handle administrative matters, but also: analyzes risks from the outset; provides strategic recommendations on names and classes; assists in responding to refusals or objections; and ensures that Trademark protection aligns with long-term business plans.   For example, if you plan to add product variants, diversify your business, or expand internationally, a Trademark Consultant can provide precise guidance on how your Trademark should be protected.   With proper assistance, Trademark registration becomes a legal investment, not merely a formal obligation. From a cost perspective, this investment is highly reasonable, considering that Trademark protection is valid for 10 years.   Your Resolution – Your Future   Resolution 2026 is not only about increasing revenue, expanding markets, or gaining more followers. A far more fundamental resolution is ensuring that whatever you build—products, services, or personas—stands on a solid legal foundation.   A Trademark is not an accessory; it is an identity and an exclusive right. Register your Trademark from the outset to ensure that your business journey is secure, sustainable, and legally protected.   Because in the business world, those who endure are not only those who grow the fastest, but those who are best prepared to protect their assets.   Should you need more information on Trademark registration in Indonesia or globally, please contact us directly 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

One Product with Multiple Trademarks: A Smart Protection Strategy or Simply Overkill? - AFFA IPR

One Product with Multiple Trademarks: A Smart Protection Strategy or Simply Overkill?

Intellectual Property, Trademark1 Comment

In business practice, it is not uncommon to find a single product displaying more than one Trademark. This may include not only the primary logo, but also series names, sub-brands, flavor variants, mascots, and other visual elements—each of which may have been registered as a separate Trademark.   This phenomenon is commonly found in snacks, beverages including syrups, sports shoes, apparel, and even professional jerseys.   The question is: is the “one product, multiple Trademarks” strategy truly effective, or is it excessive?   Understanding the Concept: House Mark vs. Sub-Brand vs. Product Variants From a branding perspective, not every sign appearing on a product serves the same function. In general, Trademarks as a branding strategy can be broken down into three layers:   House Mark The core identity of the company or brand (for example, the main logo). Sub-Brand or Line Name The name of a specific product line (such as running shoes, basketball shoes, or lifestyle collections). Product Variants Flavor names, special editions, or distinctive names that are developed and used consistently.   If each of these layers is used consistently, functions to distinguish products, and is recognized by consumers as an indicator of origin, then each may legally be registered as a Trademark.   When Do Multiple Trademarks Become a Good Strategy? From a Trademark protection perspective, this approach can be considered appropriate and high-value when:   Each Trademark Has Independent Commercial Value Example: Flavor variant names for certain beverages that are more widely recognized than the corporate brand itself. Shoe series that have their own dedicated fan base, independent of the house mark. In such cases, separate registrations help secure future business assets, including for licensing, collaborations, and product spin-offs. High Risk of Imitation in the Market The more famous an element of a product becomes, the higher the risk of imitation. If only the main logo is registered: Imitators may avoid using the logo, but still replicate popular series names or product variants. Registering multiple Trademarks narrows legal loopholes and broadens the basis for enforcement. Long-Term Brand Architecture Strategy For large companies, multiple Trademarks are not merely about protection—they form part of a structured brand architecture. With a well-organized system, each element can be independently developed, sold, or licensed.   When Does This Strategy Become Overkill? That said, not every “multiple Trademark” approach reflects a sound strategic decision. It may become overkill when:   The Trademark Is Not Genuinely Used If a name appears only once, is used inconsistently, or is not recognized by the market, its registration risks cancellation for non-use and may become a renewal cost with no real business value.  Costs Are Disproportionate to Value Each Trademark registration entails filing fees, maintenance costs, and renewal fees. Without proper portfolio analysis, a company may end up merely “collecting certificates” without achieving effective protection.  Consumer Confusion Too many logos and names on a single product can weaken the core brand identity, blur brand messaging, and even dilute differentiation.   Case Example: Sports Jerseys and Sponsor Logos Sports jerseys provide an interesting example of one product bearing multiple Trademarks, as they typically display the club’s Trademark, the apparel brand’s Trademark, the main sponsor’s logo, and additional sponsor logos.   This multi-logo product raises several legal implications: Each logo represents a separate Trademark owned by a different party. Replica or counterfeit jerseys may simultaneously infringe: the club’s Trademark, the apparel brand’s Trademark, and the sponsor’s Trademark(s).   In other words, a single counterfeit product can result in multiple Trademark infringements within one object. However, not all sponsors register their Trademarks in apparel-related classes. Counterfeit manufacturers often exploit this gap to evade enforcement actions.   Ultimately, Strategy Matters More Than Quantity Therefore, the question of whether this approach is “smart or wasteful” is not determined by the number of Trademarks, but by their business function, consistency of use, and long-term protection strategy.   One product with multiple Trademarks can be a very powerful strategy—but without proper planning, it can also become a cost without value. This is why Trademark portfolio audits, imitation risk mapping, and proportional registration strategies are essential.   Should you need further information regarding Trademark protection strategies domestically or internationally, please contact us through the following channels and get a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889