Trademark Oppositions: What Big Brands Are Doing Behind the Scenes - AFFA IPR

Trademark Oppositions: What Big Brands Are Doing Behind the Scenes

Intellectual Property, Trademark

In Indonesia, the Trademark opposition window is only 2 months, but don’t let that short timeline fool you. For global companies and established brand owners, it’s one of the most powerful tools to block copycats before they ever reach the market.   Here’s how it works:   Every new Trademark application is published for public review for exactly two months. During this time, any party with a legal interest, especially those with prior filings in Indonesia, can oppose.   Miss this window, and your options shrink fast!   After the 2-month period, opposition is no longer possible. Your only remaining option is a court-based cancellation, which is more costly and time-consuming.   So what do big brands do?    They monitor new filings on a weekly basis and respond promptly. The goal? Stop bad-faith actors at the earliest stage, when it’s faster, cheaper, and more likely to succeed.   The catch?   To win, you usually need an existing application or registration in Indonesia. The sooner you file, the stronger your legal standing to oppose.   Want to monitor all new Trademark filings that may threaten your brand? Let us handle it.   Book a free 15-minute call, and we’ll show you how smart oppositions keep global brands safe in Indonesia.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812

Trademark Squatting in Indonesia: Real or Hype? - AFFA IPR

Trademark Squatting in Indonesia: Real or Hype?

Intellectual Property, Trademark

Spoiler: It’s real — and surprisingly common.   Trademark squatting is not just a scary headline. It frequently occurs in Indonesia, particularly in fast-moving consumer sectors such as beauty, fashion, and F&B. Both local and foreign parties rush to register brands that do not actually belong to them, hoping to profit when the rightful owner enters the market.   But here is the good news:  Most squatters lose — if challenged strategically and in time.   However, this requires you to complete your “homework” before we can fight the squatter before the Court of Commerce in Indonesia, such as:   At least 5 Trademark registrations filed overseas before the squatter(s) filed the same Mark in Indonesia. The more registrations there is, the better. Evidence of use overseas by your company. If possible, any leads or evidence that suggest the squatter(s) had past interactions with your company (i.e., asking for license or distribution rights).   Indonesia’s Trademark Law allows oppositions at the Trademark Office stage and cancellations based on bad faith at the Court of Commerce stage. However, cautions and preparations are needed before you can pursue your rights in this case.   Avoid the squat trap, email or book a free 15-minute call with us — let’s make sure your Trademark stays yours!   ? E-Mail: [email protected] ? Book a Call: +62 21 83793812

How to Pay Patent Annuity Fees in Indonesia if the Patent Owner is a Foreign Individual or Entity? - AFFA IPR

How to Pay Patent Annuity Fees in Indonesia if the Patent Owner is a Foreign Individual or Entity?

Patent, Intellectual Property

For foreign Patent owners—whether individuals or entities—navigating Patent Annuity payments in Indonesia requires careful attention to local legal requirements. Under the latest Indonesian Patent Law (Law No. 65 of 2024), foreign applicants or Patent Holders are not permitted to interact directly with the Directorate General of Intellectual Property (DGIP) for official filings, including Annuity Payments. Instead, they are legally required to appoint a registered Intellectual Property Consultant as their proxy.   Legal Basis: Article 28 of Law No. 65 of 2024   “An Application filed by an Applicant who does not reside or does not have permanent domicile in the territory of the Republic of Indonesia must be filed by his/her Proxy. The Applicant, as referred to in Paragraph (1), is required to state and select the address of the Attorney as the legal domicile in Indonesia.”   This provision applies not only to initial Patent filings but also to any subsequent procedures related to the Patent—including annuity payments.   Why Is a Local Proxy Mandatory?   The purpose of requiring a legal representative within Indonesia is to avoid complications in service due to geographic distance and travel time. As stated in the explanation of the Law:   “The appointment of power of attorney and legal domicile in Indonesia aims to not complicate services due to distance and travel time.”   In practice, this means that even if a foreign Patent Holder wishes to make timely Annuity Payments, such payments will not be accepted by the DGIP unless submitted through a registered local proxy.   What Happens If a Foreign Patent Owner Pays Without a Local Proxy?   Without a legally appointed Indonesian Intellectual Property Consultant, the payment is considered invalid. This could result in: Rejection of the Annuity Payment by the DGIP; Legal status of the Patent becoming vulnerable, especially if deadlines are missed as a result; Loss of Patent Rights if annuity obligations are not fulfilled properly through the designated channels.   How to Appoint a Local Proxy?   To comply with Indonesian law, foreign individuals or entities must: Sign a Power of Attorney (PoA) authorizing a registered Indonesian IP Consultant; Provide the necessary details for the Consultant to act as legal proxy and domicile; Work with the Consultant to monitor and schedule annuity payments according to Indonesian regulations.   If you’re a foreign Patent Owner, it is not just a matter of convenience but a legal obligation to appoint a registered Indonesian IP Consultant to handle your Patent Annuity fees. Doing so ensures compliance, avoids unnecessary risks, and maintains the enforceability of your patent in Indonesia. Should you need more information about your annuity payments in Indonesia, feel free to contact us at [email protected].

Trademark Renewal in Indonesia - AFFA IPR

Trademark Renewal in Indonesia

Intellectual Property, Trademark

In Indonesia, the procedure for renewing a Trademark is governed by Law No. 20 of 2016 on Trademarks and Geographical Indications (“Trademark Law”). According to this regulation, a registered Trademark is valid for 10 years from the filing date and may be renewed within 6 months prior to its expiration date, and up to 6 months after the expiration date (under the grace period mechanism) with additional official fees.   Before the enactment of the current Trademark Law, failure to renew a Trademark on time meant automatic removal from the register, with no recovery route other than refiling a brand-new application. Fortunately, under the current regime, the system is more forgiving—albeit with additional cost implications. As in many areas of Intellectual Property, timeliness is essential, and renewal deadlines should be treated with the same gravity as initial filing deadlines.   What Happens If the Deadline Is Missed?   Missing the renewal deadline does not immediately result in loss of rights. Under the Trademark Law, owners are granted a 6-month grace period after the expiry date in which they may still renew their Trademark. However, this comes at a cost: the official fees are approximately doubled.   It is important to note that once the grace period lapses, renewal is no longer possible, and the Trademark will be removed from the register. The only available option at that point is to file a new Trademark application—a route that may come with increased risks, especially if similar marks have been filed in the interim.   When Can a Trademark Be Renewed?   A Trademark renewal may be filed as early as 6 months prior to the expiration date. To renew a registered Trademark in Indonesia, the following documents are required:   Statement of Use of Mark While a declaration of use is mandatory, no physical evidence of use is required to be submitted to the Directorate General of Intellectual Property (DGIP).  Power of Attorney Foreign Trademark owners must appoint a local agent or legal representative. A signed Power of Attorney is required for the renewal process.   Timeline Once the renewal application is submitted, the DGIP will issue a renewal receipt. Thanks to the digitization of the system, the renewal certificate or confirmation notice is generally issued within a day, making the process swift and efficient compared to earlier practices.   Should you need more information about the Trademark Renewal in Indonesia, feel free to contact us at [email protected].

Blindboxes, Resellers, and IP: When Does Selling Cross the Line? - AFFA IPR

Blindboxes, Resellers, and IP: When Does Selling Cross the Line?

Intellectual Property, Trademark

Action figure communities in Indonesia have recently been shaken by a wave of takedowns on popular products across e-commerce platforms. Not only unofficial sellers like casual collectors were affected, but even official resellers who had followed the “white list” registration procedures were hit. The trigger? An official notice from the Trademark Holder (a licensed distributor of the Trademark Owner) prohibits various uses of the brand name and logo and the sale of unboxed items.   This incident raises an important question among many collectors and business owners: Can Intellectual Property (IP) Holders arbitrarily ban secondhand sales? Is this legal?   The Exclusive Rights of Trademark Holders   Legally, a Trademark Holder has the exclusive right to control how their mark/name/logo is used, especially in marketing and product distribution. However, it’s important to note:   IP law does not automatically prohibit the resale of secondhand products, as long as the items are genuine and were lawfully acquired. Under a principle known as the “exhaustion doctrine”, the rights of a Trademark Holder are considered “exhausted” once the product is sold lawfully for the first time. This means the buyer may resell it. However, the Trademark Holder does retain the right to restrict the use of their brand in contexts such as store branding, product repackaging, or unauthorized logo usage that may mislead consumers or harm brand image.   In short, banning the resale of secondhand goods just because they are used can be legally disputed. But banning the unauthorized commercial use of logos, names, and other brand elements is legally valid.   Safe Tips for Selling Secondhand Items Without Violating IP Rights   To avoid infringing a brand’s rights when selling collectibles or secondhand products, here are some best practices:   Avoid using the brand name or logo in your store title. Use neutral descriptions like “blindbox collectible” or “random rare figure.” Clarify that the product is from a personal collection and is pre-owned. This can help show there’s no intention to violate distribution rights. Do not modify or rebrand the product. Repackaging or adding custom branding (like stickers) can be considered infringement. Avoid implying that you’re an official distributor. If you’re not part of the authorized distribution channel, avoid using terms like “official” or “authorized.” Do not sell opened blindbox items if the Trademark Holder prohibits it. If a product is meant to be a surprise item, unboxing and selling it by character name can be considered a violation of its commercial value.   But Why Can People Freely Sell Used iPhones?   This comparison has sparked debate. After all, people sell secondhand iPhones on online platforms all the time without issue. What’s the difference?   Apple and other phone manufacturers do not prohibit the sale of secondhand devices as long as they are genuine and unmodified. iPhones are not designed as “surprise” collectibles like blindboxes, so there’s no concern about damaged exclusivity due to unboxing. Sellers of secondhand iPhones also do not claim to be official distributors and don’t use Apple’s logo for store branding.   In essence, the issue is not the fact that the item is secondhand, but the context of branding and marketing.   Selling secondhand goods is legally allowed, as long as the products are genuine and the seller does not mislead consumers by misusing brand elements. For collectors and small sellers, understanding the limits of IP law is key to keeping your listings safe from takedowns or legal claims.   Should you need expert advice on Trademark usage in online sales, contact us at [email protected].

Trademark Registration Procedure in Bali - AFFA IPR

Trademark Registration Procedure in Bali

Intellectual Property, Trademark1 Comment

Registering a Trademark in Bali, Indonesia, is an essential step for any foreign business looking to enter or expand within the island’s vibrant market. As one of Southeast Asia’s most renowned tourism destinations and a hub for creative industries, Bali offers significant commercial opportunities, particularly in sectors like hospitality, food and beverage, fashion, and handicrafts. However, brand protection can be challenging due to intense competition and frequent cases of infringement in the region. Trademark protection in Bali is governed under Indonesia’s national regulations, primarily Law No. 20 of 2016 on Marks and Geographical Indications, as amended by Law No. 11 of 2020 on Job Creation and Law No. 6 of 2023. 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 Bali   You can register: Word mark Figurative mark Combination mark Three-dimensional mark Sound mark Hologram   Bali 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 Bali.   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 Bali   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 Bali, feel free to contact us at [email protected].

Safeguarding Patent Rights Amid Implementation Challenges in Indonesia – Understanding Article 90 of the Patent Law - AFFA IPR

Safeguarding Patent Rights Amid Implementation Challenges in Indonesia – Understanding Article 90 of the Patent Law

Patent, Intellectual Property

In the landscape of Intellectual Property protection, Indonesia’s Patent Law sets a clear framework to ensure that Patents are registered and implemented for the nation’s benefit. Article 20 and its companion Article 20A of the Patent Law impose a fundamental obligation on Patent Holders: to commercially implement their Patents within Indonesian territory and report such implementation annually to the Minister.   However, recognizing the complex realities of bringing certain patented technologies to market, Article 90 introduces a crucial safeguard — a mechanism that allows flexibility in the face of genuine implementation delays. This provision is pivotal in balancing national interests with the practical constraints that Patent Holders may face.   Key Provisions of Article 90   Article 90 provides that: Discretion to Delay or Deny Compulsory Licenses: The Minister has the authority to delay or reject a request for a compulsory license if, based on recommendations from a team of experts and the Patent Holder’s explanation, it is established that the Patent in question reasonably requires more than 36 months to be commercially implemented in Indonesia. Requirement of Supporting Evidence: The Patent Holder must submit a formal statement supported by evidence demonstrating that the 36-month period is insufficient for commercial implementation. This evidence may include technical, financial, regulatory, or market-related obstacles that have prevented timely execution.   Relationship with Article 20 and 20A   Article 20 of the Patent Law mandates that every Patent must be implemented in Indonesia, while Article 20A requires Patent Holders to submit an annual declaration to the Minister detailing such implementation. These articles are designed to prevent the warehousing of Patents and ensure that patented inventions contribute to domestic innovation, manufacturing, and economic development.   Yet, strict enforcement of these provisions without flexibility could unjustly penalize inventors and companies that face legitimate delays. This is where Article 90 becomes essential: it prevents automatic penalties, such as the granting of compulsory licenses or potential cancellation of the Patent, by recognizing that not all Patents can be commercially viable within the same timeframe.   Practical Implications   Article 90 ensures that: ⁠Inventors are protected from losing control of their Patents due to delays beyond their control. ⁠Authorities are guided by expert input and factual evidence rather than rigid timelines. ⁠A balance is maintained between incentivizing local use of patents and acknowledging the real-world complexities of innovation, particularly in high-tech or heavily regulated industries.   Article 90 of the Indonesian Patent Law serves as a vital antidote to the potential rigidity of Articles 20 and 20A. It embodies a pragmatic approach to Patent enforcement by introducing flexibility and fairness into the system. For Patent Holders, especially those managing complex innovations, this article provides a necessary legal avenue to protect their rights while working towards the eventual implementation of their patents in Indonesia. Should you need more information about Indonesian Patent Law and maintaining your Patent in Indonesia, you can contact us through email [email protected].

Mandatory Patent Implementation Annual Reporting in Indonesia Is in Force - AFFA IPR

Mandatory Patent Implementation Annual Reporting in Indonesia Is in Force

Patent, Intellectual Property1 Comment

In accordance to Article 20A of Law No. 65 Year 2024, a Patent Holder is obliged to file an annual Patent implementation report to the Directorate General of Intellectual Property (DGIP) under the Ministry of Law before the annuity payment deadline. Be mindful that failure to implement a registered Patent in Indonesia may lead to the Patent Registration being subject to compulsory licensing and/or potential  Patent Invalidation, which can be filed before the Court of Commerce.   Under the Indonesian practice, what constitutes as a Patent implementation/use are as follows: Product is manufactured/process is used and commercialized; Product is manufactured/process is used but not yet commercialized; Importation of patented product/process; or Licensing of patented product/process.   While the implementing regulation for this specific matter has yet to be issued, the DGIP officers have urged the Patent holders to file the annual implementation report no later than the end of each year. Should you need more information about the annual Patent implementation report in Indonesia, feel free to contact us at [email protected].

From Fake to Facts: Taking Action Against Trademark Infringement in Indonesia - AFFA IPR

From Fake to Facts: Taking Action Against Trademark Infringement in Indonesia

Intellectual Property, Trademark

Have you ever found products imitating your Trademark being sold on the market without your permission? Or even worse—your Trademark suddenly being registered by someone else? Unfortunately, such incidents still frequently occur in Indonesia. Our country has once again been placed on the “Watch List” in the 2025 Special 301 Report released by the United States Trade Representative (USTR)—indicating that Intellectual Property (IP) enforcement, including Trademarks, remains a concern for the international community.   However, that doesn’t mean there’s nothing you can do. Here are concrete solutions you can take if your Trademark is being misused in Indonesia: Ensure Your Trademark Is RegisteredThe first and most crucial step is to ensure your Trademark is officially registered with the Directorate General of Intellectual Property (DGIP). Without registration, legal protection for your Trademark is extremely limited. If it hasn’t been registered yet, immediately file a Trademark application. If it has, ensure you have the registration documents and certificate(s) in hand. Gather Evidence of Infringement If you discover your Trademark is being used without authorization, collect as much evidence as possible: Photos of counterfeit or fake products; Links to online shops or marketplaces selling illegal products; Proof of purchase (if available); Screenshots of ads or promotions using your Trademark. The more comprehensive your evidence, the stronger your legal position will be. Use Reporting Mechanisms on Marketplaces and Social Media Many e-commerce platforms and social media in Indonesia now provide dedicated channels to report IP violations. If you find counterfeit products or infringing content, you can take the following actions: Fill out the IP infringement report form (Trademark); Attach your Trademark certificate and evidence of infringement; Request removal of the content or account. These steps usually can be processed more quickly and do not require going to court. Contact a Registered IP Consultant for Taking Further Legal Action(s) Dealing with Trademark infringement can be a complex and time-consuming process. That’s why working with a licensed IP Consultant is highly recommended. They can assist you with: Developing the right legal protection strategy; Supporting the filing of damages claims, infringement lawsuits, or negotiations; Coordinating with relevant authorities, such as the DGIP or the Police, when necessary. Should you need more information about Trademark protection in Indonesia, feel free to contact us at [email protected].

Discover 6 Intellectual Property Potentials in Padel - AFFA IPR

Discover 6 Intellectual Property Potentials in Padel

Patent, Intellectual Property, Trademark, Copyright, Industrial Design

Padel is experiencing rapid growth in Indonesia. Over the past few years, it has captured the attention of various groups — from sports communities and entrepreneurs to celebrities. Its popularity is reflected in its inclusion in PON XXI 2024 (National Sports Week) held in Aceh – North Sumatra, as well as in several tournaments held in Indonesia, including the Asia Pacific Padel Cup 2024 and Padel Pro Open 2025.   Padel was first created in 1969 in Acapulco, Mexico, by Enrique Corcuera. He modified a squash court at his home by adding walls and elements from tennis, creating a new game called “Paddle Corcuera.” This new game quickly attracted the attention of his friends, including Alfonso de Hohenlohe, who later introduced padel to Marbella, Spain in 1974 and built two courts there. From Spain, padel spread to Argentina (1975) and continued to grow in popularity across Europe and Latin America. In 1991, the Federation International de Padel (FIP) was established in Madrid, Spain, to regulate and promote the sport globally.   As the padel ecosystem continues to grow in Indonesia, various elements — such as tournament names, logos, racket designs, court technology, training strategies, and merchandise — are becoming strong identity markers with commercial value. All of these should and can be protected through various forms of Intellectual Property (IP) rights, so that all parties involved can benefit while supporting a more sustainable padel ecosystem.   Here are several relevant and potential IP categories in the world of padel:   Trademark Names of padel clubs, logos, slogans, tournaments, courts, training academies, apparel, padel balls, rackets, or other equipment should be protected to avoid the use of identical or confusingly similar names. These should be registered as Trademarks, which offer protection for 10 years and can be renewed indefinitely. Industrial Design The visual designs of rackets, special padel shoes, and uniquely styled tournament uniforms can be protected as Industrial Designs, with a protection period of up to 10 years. Patent This category includes technological innovations in racket materials or structure, automated digital scoring systems, training sensors, and unique portable padel court construction features. Such innovations can evolve continuously and offer local manufacturers or innovators a competitive edge. Copyright Promotional content such as tournament highlight videos, music, event posters, digital graphics, and training modules or documented game strategies is automatically protected under Copyright. However, formal recordation is recommended to strengthen legal proof of ownership. Trade Secret This category includes exclusive training techniques used by padel coaches, business strategies or community management models, and even recipes or formulas for sports nutrition products used by a club. Trade Secrets do not require registration but must be kept confidential to remain protected. Licensing & Franchising Business models such as court rentals, expansion of padel club branches, licensing tournament names for use in other cities, or even launching padel-themed café franchises can be governed through licensing or franchise agreements, and can be officially recorded to secure legal protection and expand commercial benefits.   Ultimately, padel is a fun sport and a gateway to economic opportunities through Intellectual Property assets. Business actors and padel communities must understand that the innovation, creativity, and identity they build today can become sustainable business value — if properly managed and protected. Should you need further information about registering and protecting Intellectual Property in the padel sport, feel free to contact us at [email protected].