Timor Leste Joins ASEAN: What It Means for Your Trademark Protection Strategy - AFFA IPR

Timor Leste Joins ASEAN: What It Means for Your Trademark Protection Strategy

Intellectual Property, Trademark

At the 47th ASEAN Summit held on 26–28 October in Kuala Lumpur, Malaysia, Timor Leste was ratified as the 11th member of ASEAN. Under the “Trade in Goods” framework, you may consider Timor Leste as your next export destination, since ASEAN membership brings more competitive tariffs, efficiency, and easier distribution within the region.   But how can you secure Trademark protection in Timor Leste? Remember: distributing and trading without Trademark protection is a high-risk move!   Trademark Regulations in Timor Leste At present, there is no dedicated government authority handling Trademark registration in Timor Leste. Therefore, Trademark protection is obtained by publishing Cautionary Notices in local newspapers to inform the public of your claim of ownership. The publication must include a statement of ownership and a warning to others not to use the Trademark without permission.   Trademarks That Can Be Recorded Because there is no formal Trademark registration system yet, there are no specific criteria for what can or cannot be registered. However, Trademarks published through Cautionary Notices should be: Unique and not imitative of other well-known Trademarks. Not in violation of local social or cultural norms. Conversely, Trademarks we do not recommend recording include: Purely descriptive or generic marks without distinctive elements. Marks that reference national or international symbols without authorization. Marks that are similar to well-known Trademarks abroad.   Required Conditions and Documents To publish Cautionary Notices in Timor Leste, you will need: Cautionary Notice Text: An official statement including the Trademark owner’s name and address, and a detailed description of the Trademark. Trademark Specimen: A clear representation of the Trademark to be published.   Procedure/Stages for Recording a Trademark via Cautionary Notices The publication procedure includes: Document Preparation: Drafting the Cautionary Notice text and preparing the Trademark specimen. Translation: Translating documents into the official language(s), if required. Publication: Submitting the Cautionary Notice to a local newspaper for publication. The duration of each stage may vary depending on process efficiency and newspaper schedules—ranging from several weeks to a few months. Additionally, because there is no formal registration system, no official certificate is issued.   What to Do After Your Trademark Is Published After publication of the Cautionary Notice, you as the Trademark owner are advised to actively use the Trademark in business to avoid the risk of claims by others. You—and your Trademark Consultant with representation in Timor Leste—should also actively monitor its use. If an unauthorized party uses the Trademark, you may take legal action based on the published notice.   Term of Protection in Timor Leste There is no specific protection period in Timor Leste due to the absence of a formal system. However, you are advised to renew the Cautionary Notice every two years to reinforce protection.   Since the system is not based on formal registration, there is no clear grace period if you are late with renewal. Nevertheless, the longer a Trademark goes without republication, the higher the risk that others may use it.   Ready to record your Trademark in Timor Leste? For more information, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Manufacturing Without Trademark Ownership - Is It Safe? - AFFA IPR

Manufacturing Without Trademark Ownership – Is It Safe?

Intellectual Property, Trademark

This question often arises amid the growing investment climate in Indonesia’s manufacturing industry. But what if the answer is: “not entirely safe”? What should you do to address all the risks?   Risk of Infringement   Even if you are the one manufacturing the product, the Trademark being used may already have been registered by another party beforehand. This could lead to claims of Trademark Infringement, resulting in lawsuits and/or legal actions against your activities deemed to be violating the rights of others.   Production = Commercial Activity   It is important to note that production or manufacturing is considered a commercial activity, even if the products are not sold in the Indonesian market. This means that potential disputes still exist, even if the distribution is solely intended for export.   Risk of Customs Seizure   If a Trademark owner has recorded their Trademark with Customs, your products may be at risk of being blocked or seized during import or export. As a result, the goods may never reach the buyer, causing significant financial losses.   What Is the Solution?   Ensure that the products you manufacture are already protected by a registered Trademark in Indonesia. If you are not the owner of the Trademark, make sure you have obtained an official license from the rightful Trademark owner, duly recorded with the Indonesian Trademark Office (DGIP), to carry out the production. Without Trademark registration, your business will always remain vulnerable.   With ownership of a registered Trademark, your production, distribution, and export processes will be protected and safeguarded from disputes or legal barriers in the future.   For more information regarding Trademark registration in Indonesia, contact us directly through these channels and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

AFFA Wins Two Categories at the Indonesia Law Firm Awards 2025 - AFFA IPR

AFFA Wins Two Categories at the Indonesia Law Firm Awards 2025

Event, Intellectual Property

Jakarta, 18 September 2025 – We are pleased to share that AFFA has been recognized with two awards at the Indonesia Law Firm Awards 2025, organised by Asia Business Law Journal.   We received recognition as: Best Boutique Law Firm in Indonesia IP Enforcement Firm   About the Awards   The Indonesia Law Firm Awards 2025 highlight outstanding law firms across various practice areas. The winners were selected based on votes and feedback from in-house counsel and industry professionals, combined with editorial research by Asia Business Law Journal.   Our Recognition   Being named Best Boutique Law Firm reflects our focus and dedication as a specialized firm in Intellectual Property law. From Trademarks and Patents to Industrial Designs, Copyrights, and Geographical Indications, we have consistently worked to support both Indonesian and international clients in securing and managing their IP rights.   Our recognition in IP Enforcement further underlines our role in protecting clients’ rights in practice — ensuring that Intellectual Property is not only registered but also effectively defended.    Moving Forward   These acknowledgments encourage us to continue strengthening our services and staying committed to delivering clear, practical, and reliable IP solutions. While we are grateful for this recognition, our focus remains on supporting businesses, innovators, and creators in protecting and growing your Intellectual assets in Indonesia, globally, and beyond.   Need help protecting your IP in Indonesia? Book a free 15-minute call with a registered IP consultant and ensure your IP meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Client’s Victory: The Court of Commerce Invalidates "Deli Waffle" Trademark Registration - AFFA IPR

Client’s Victory: The Court of Commerce Invalidates “Deli Waffle” Trademark Registration

Intellectual Property, Trademark

In a significant development for Intellectual Property rights protection in Indonesia, AFFA Intellectual Property Rights has officially submitted a request to the Directorate General of Intellectual Property (DGIP) on 11 September 2025 to implement a landmark court decision by recording the invalidation of the “Deli Waffle + Logo” Trademark (No. IDM001120480) owned by ICEN LESTARI.   This follows a ruling issued on 10 July 2025 by the Commercial Court at the Central Jakarta District Court (Case No. 22/Pdt.Sus-Merek/2025/PN.NIAGA.JKT.PST), which fully granted a Trademark bad-faithi invalidation filed by Singapore-based PRIMA LIMITED—represented by AFFA—against ICEN LESTARI. The decision, which attained permanent legal force on 8 September 2025, affirms the principle of good faith in Trademark registration and reinforces Indonesia’s commitment to international brand protection.   Background of the Dispute   PRIMA LIMITED, a company established under Singaporean law, has actively developed and promoted its “Deli Waffle” products globally. The company has secured Trademark registrations for “Deli Waffle” in various jurisdictions, including Singapore (registered in 2020), Australia (registered in 2022), and China (registered in 2023). In Indonesia, PRIMA LIMITED had also initiated Trademark applications for “Deli Waffle + Logo” in 2022 and 2025.   The core of the dispute arose when PRIMA LIMITED discovered that ICEN LESTARI had registered a highly similar “Deli Waffle + Logo” Trademark (No. IDM001120480) in Indonesia, with a filing date of November 2022. This action prompted PRIMA LIMITED to file a Trademark invalidation lawsuit on 5 March 2025.   Key Arguments and Court’s Findings   PRIMA LIMITED contended that ICEN LESTARI’s Trademark registration exhibited fundamental similarities in its principal and overall elements, including visual appearance, phonetics, and the type of goods/services protected, with PRIMA LIMITED’s existing “Deli Waffle” mark. More critically, PRIMA LIMITED argued that ICEN LESTARI’s registration was undertaken in bad faith, with the intention to imitate or plagiarize a well-known mark. The plaintiff presented evidence of its extensive marketing efforts, including brochures and online presence, indicating its prior and widespread use of the “Deli Waffle” mark, including in Indonesia.   The Commercial Court’s deliberations extensively covered these points. Applying provisions from Law No. 20 of 2016 concerning Trademarks and Geographical Indications (Trademark Law), the Court concluded that there was indeed a fundamental similarity between the two marks. The Court highlighted that the similarity was evident in the word “Deli Waffle,” its spelling, and the accompanying logo, leading to potential consumer confusion and unfair competition.   Crucially, the Court found conclusive evidence of bad faith on the part of ICEN LESTARI. The ruling explicitly stated that the defendant’s actions were intended to mimic or plagiarize the plaintiff’s mark, thereby exploiting the reputation and market presence built by PRIMA LIMITED. The Court referenced Article 21 (3) of the UU Merek, which stipulates that Trademark applications filed in bad faith shall be rejected. The Court also upheld the principles of Article 21 (1) (a), which dictates that a Trademark should be rejected if it bears fundamental or overall similarity to an earlier-registered mark owned by another party for similar goods or services.   The Court’s Verdict   Based on these findings, the Commercial Court at the Central Jakarta District Court issued the following decisive orders on 10 July 2025: Granting the Plaintiff’s lawsuit in its entirety. Declaring PRIMA LIMITED as the legitimate owner of the “Deli Waffle + Logo” Trademark. Declaring the Defendant’s “Deli Waffle + Logo” Trademark (No. IDM001120480) to be fundamentally similar to the Plaintiff’s mark. Declaring that the Defendant’s Trademark registration (No. IDM001120480) was conducted in bad faith. Invalidating the registration of the Defendant’s “Deli Waffle + Logo” Trademark (No. IDM001120480) from the General Register of Trademarks, along with all its legal consequences. Ordering the Directorate General of Intellectual Property (DGIP) to record this invalidation and publicize it in the Official Trademark Gazette. Ordering the Defendant to pay the court costs amounting to IDR 1,120,000.00.   Significance for IP Protection in Indonesia   This ruling serves as a powerful deterrent against Trademark squatting and bad-faith registrations in Indonesia. It underscores the importance of conducting proper due diligence and registering Trademarks in good faith. For international companies like PRIMA LIMITED, this decision provides significant assurance that their intellectual property rights will be recognized and protected under Indonesian law, even against attempts to exploit their brand’s reputation.   AFFA Intellectual Property Rights is proud to have represented PRIMA LIMITED in securing this vital victory, reaffirming our commitment to defending our clients’ innovations and brands in the complex landscape of intellectual property law.   For more information regarding IP protection in Indonesia, please contact us through the following channels:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

A Strong Signal to Proceed Confidently with Your IP Registrations - AFFA IPR

DGIP Resolves 92.99% of IP Applications in Q2 2025 — A Strong Signal to Proceed Confidently with Your IP Registrations

Intellectual Property

In an encouraging update from Indonesia’s Directorate General of Intellectual Property (DGIP), the second quarter of 2025 recorded a total of 82,661 IP applications, with an impressive 92.99% of them already resolved—an increase of 7.45% compared to the same period last year.   Here’s a quick breakdown: Copyrights: 41,855 applications, 100% resolved Trademarks: 33,613 applications, 30,630 resolved Patents: 2,876 applications, 2,336 resolved Industrial Designs: 1,856 applications, 2,030 resolved (some carried over from previous periods) Geographical Indications, Trade Secrets, and DTLST: minimal but all handled Others (post-application matters): 2,447 recorded What does this mean for IP owners and applicants?   DGIP continues to demonstrate improved efficiency—particularly in Copyright and Trademark matters, which make up the majority of total submissions. For businesses and creators, this is a strong signal to proceed confidently with their IP registrations.   At AFFA Intellectual Property Rights, we are proud to serve as your trusted partner in working with DGIP. As a registered and authorized IP consultant in Indonesia, we assist clients at every stage of the process: from filing and responding to office actions, to license recordals and post-registration services.   Let us take care of the complexities, so you can stay focused on what you do best—growing your business and innovating.   Need help protecting your IP in Indonesia? Book a free 15-minute consultation with one of our professional IP consultants:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889   Source:  Ministry of Law of the Republic of Indonesia

[Policy Insight] Free from Tariffs for U.S. Brands to Indonesia — Why Trademark Protection Is Your First Move - AFFA IPR

[Policy Insight] Free from Tariffs for U.S. Brands to Indonesia — Why Trademark Protection Is Your First Move

Intellectual Property, Trademark

A new trade agreement between the United States and Indonesia, announced by President Donald J. Trump, marks a turning point for U.S. businesses eyeing Southeast Asia. The key highlights:   Full market access for U.S. goods—no tariffs, no non-tariff barriers. Indonesia commits to purchasing $15 billion in U.S. energy, $4.5 billion in agricultural goods, and 50 Boeing jets. A 19% tariff remains on Indonesian goods entering the U.S.   What Does This Mean for U.S. Brand Owners?   Indonesia, with over 280 million consumers, is now one of the most accessible emerging markets for U.S. companies. But while opportunity is ripe, first-mover advantage goes only to those who protect their brands early.   Seamless Market Entry, But Not Without Risk Lower costs and fewer trade barriers mean U.S. brands in fashion, beauty, tech, F&B, automotive and lifestyle can expand into Indonesia faster than ever. However, this also means faster exposure to copycats. Register Your Trademark Before Someone Else Does Indonesia follows a first-to-file Trademark system. That means anyone can register your brand name if you haven’t already—and legally block your business. Early registration isn’t just a legal formality; it’s your strongest business shield. Expect Counterfeits & Trademark Squatters With increased visibility comes increased risk. Unauthorized sellers, counterfeiters, and opportunistic squatters often rush to register well-known foreign brands locally. Once they do, legal recovery becomes costly and time-consuming.   Secure Your Brand Now—Not After the Damage Is Done This trade deal opens the floodgates—but only for brands that are protected. Don’t let your U.S. success be undermined overseas. Register your Trademark in Indonesia before launching your products or entering into distributor agreements.   Need help protecting your Trademark in Indonesia? Book a free 15-minute call with our professional consultant:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Indonesia Fosters a Thriving IP Ecosystem: Domestic and International Filings Soar Over the Past Decade - AFFA IPR

Indonesia Fosters a Thriving IP Ecosystem: Domestic and International Filings Soar Over the Past Decade

Patent, Intellectual Property, Trademark, Copyright, Geographical Indication

Indonesia’s Directorate General of Intellectual Property (DGIP) has achieved a remarkable milestone over the past decade. According to a report delivered by the Director General of Intellectual Property, Razilu, a total of 1,738,573 Intellectual Property (IP) applications were filed between 2015 and 2024. “This is a monumental figure that reflects the extraordinary enthusiasm of the Indonesian public in protecting their intellectual creations,” Razilu stated during the “Ten-Year Performance Exposé and IP Appreciation” event, held in celebration of World Intellectual Property Day 2025 at Graha Pengayoman, Jakarta, on Wednesday, June 4, 2025. The data show that IP filings have grown at an average annual rate of 18.5%. According to Razilu, this growth is more than just numbers — it reflects increasing awareness of the importance of IP as a national economic and cultural asset. Razilu emphasized that this performance exposé is not merely an evaluation, but also a strategic platform to shape future IP policies. The goal is to ensure that every innovation and creative work by Indonesians is not only protected by law but also fully empowered. Of the total filings, approximately 86.76% originated from within the country. Domestic applicants contributed nearly 99.8% of Copyright filings, 85.2% of Trademark filings, and 68.76% of Industrial Design filings. However, domestic contributions to Patent filings remain relatively low, standing at just 32.05%, highlighting an area for improvement. “These figures demonstrate the strong dominance of local IP filings across all categories. It’s a testament to the thriving innovation and creativity among individuals, entrepreneurs, and inventors across Indonesia,” Razilu added. Over the same period, micro, small, and medium enterprises (MSMEs) were significant contributors to Trademark filings. The most registered classes included: Culinary products (Classes 30 and 29) Fashion (Class 25) Hospitality services (Class 43) Cosmetics and personal care (Class 3) In the Industrial Design category, top applications were concentrated in: Other printed matter (Class 19-08) Chairs (Class 06-01) Garments (Class 02-02) Travel bags, handbags, key holders (Class 03-01) Bags, containers, tubes, capsules (Class 09-05)  Meanwhile, the most recorded Copyright works were books, written articles, computer programs, video recordings, and posters. For Geographical Indications, the top five products over the past decade were coffee, woven textiles, rice, batik, and traditional salt. In the domestic Patent category, top filings involved food chemistry, pharmaceuticals, chemical engineering, special machinery, and basic chemistry. On the other hand, foreign Patent applications were dominated by sectors such as pharmaceuticals, digital communications, transportation, basic chemistry, and metallurgy. At AFFA Intellectual Property Rights, we welcome this growing momentum in Indonesia’s IP landscape. Our team of experienced IP consultants stands ready to support businesses, creators, and innovators—not only in Indonesia but also around the world—in securing and maximizing the value of their Intellectual Property. Let us help you navigate your IP journey with confidence.   Need help filing your IP in Indonesia? Book a free 15-minute call with a registered IP consultant and ensure your IP meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889   Source: Directorate General of Intellectual Property

Indonesia Has a ‘First-to-File’ System. Here’s What That Really Means - AFFA IPR

Indonesia Has a ‘First-to-File’ System. Here’s What That Really Means…

Intellectual Property, Trademark

In Indonesia, Trademark rights belong to the party that files first, not necessarily to the party that used the mark first. This system is similar to many jurisdictions that adopt the first-to-file principle, although some countries, such as the United States, recognize first use.   This creates serious risks, especially for foreign brand owners who enter the market through local distributors or partners. In many cases, these local parties may file your Trademark under their own name, either as leverage or as a bad-faith attempt to block your market entry.   While Indonesia allows legal actions to challenge bad-faith filings, these processes can be costly, time-consuming, and uncertain. The best strategy remains simple and preventive: file your Trademark as early as possible — ideally before entering the market or appointing any local partners.   Want to stop your competitors or squatters from beating you to it? Book a free 15-minute call, and we will help you secure your Trademarks before anyone else does.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Why You Should File Your Trademark in Bahasa Indonesia? - AFFA IPR

Why You Should File Your Trademark in Bahasa Indonesia?

Intellectual Property, Trademark

When you file your Trademark in a foreign country like Indonesia, the risk is not always direct copying. Often, local squatters will translate, transliterate, or adapt your Trademark into “Bahasa Indonesia” (Indonesian language) to create a confusingly similar version that still attracts your market, but is still conceptually similar or identical.   Indonesia’s Trademark Law recognizes both identical and confusingly similar marks as potential infringements. However, if you only file your Trademark in its original foreign language, it may leave the door open for others to secure rights over its Bahasa Indonesia version.   For instance, you have filed a Trademark for “ROSE” in Class 3 covering cosmetics. However, another party still has a chance to secure registration for “MAWAR” (the Indonesian translation of Rose) in the same class if the examiner is not careful enough to check conceptual similarity with your Trademark.   By filing your Trademark in Bahasa Indonesia from the start, you lock in both versions of your brand identity, making it much harder for local copycats to exploit translation loopholes.   Book a free 15-minute call, and we will help you protect both the original and local versions of your Trademarks in Indonesia — before someone else does.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

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