Can You Protect a Furniture Design in Indonesia? Absolutely! - AFFA IPR

Can You Protect a Furniture Design in Indonesia? Absolutely!

Intellectual Property, Industrial Design

Do you think designs are just for fashion or gadgets? Think again. When people hear the term “Industrial Design,” they often think of phone cases, handbags, or consumer electronics. But in Indonesia, protection for Industrial Design extends far beyond tech and fashion. From minimalist lounge chairs to futuristic bathtubs and even ornate lighting fixtures, furniture and home décor are eligible for protection under Indonesia’s Industrial Design Law.   For interior, furniture, and lifestyle brands targeting Southeast Asia’s largest consumer market, registering your designs isn’t just possible — it’s essential.   Why Furniture Design Matters in Indonesia   Indonesia has seen a steady rise in Industrial Design awareness and filings over the past five years. Applications climbed from 2,319 in 2017 to a record-breaking 3,533 in 2022. This growth reflects not only increasing local awareness but also foreign interest in protecting design assets in one of Asia’s most dynamic markets for manufacturing and retail.   As consumer tastes evolve and visual identity becomes a powerful sales driver, furniture designers need to protect what sets their products apart: shape, contours, lines, textures, and aesthetics.   Tips to Get Your Furniture Design Approved   Despite the growing support for design protection, improperly submitted applications are still rejected, often due to technical errors in how the design is presented. The Directorate General of Intellectual Property (DGIP) has strict guidelines for how Industrial Design applications should be illustrated.   If you’re filing a furniture design (or any large, 3D product), follow these 8 key visual submission rules to avoid costly rejections:   Avoid Mixed Features Don’t combine multiple styles, colors, or versions in a single design submission.  Use a Neutral Background Design representations must be shown on plain, uncluttered backgrounds — no textures, shadows, or staging. Exclude Irrelevant Elements Only the intended design should appear. Remove props, logos, or any decorative items not part of the design. Submit One View Per Image Provide one clear view per image: front, back, left, right, top, bottom, and perspective. No composites or collages. Upload Magnified Views Separately If you include zoomed-in details, upload them as individual images, not overlays. Disclaim Unregistered Features If some elements of your design aren’t meant to be protected, disclaim them consistently across all views. Show the Full Product Too If you’re submitting disassembled components (e.g., parts of a modular chair), include a full assembled version. For 2D Patterns, Show Them Alone If your design is a surface pattern (e.g., wood grain or textile texture), don’t show it applied on furniture — submit it as a stand-alone flat image.   Bottom Line: If It Has Shape, It Can Be Filed Whether you’re a boutique design studio or a global interior brand, protecting your creations in Indonesia gives you more than just legal peace of mind — it gives you the competitive edge. With over 270 million potential customers and a vibrant, design-conscious market, the value of your visual IP only increases over time.   Have a new piece ready for market? Make sure your design documents are clean, compliant, and enforceable — before someone else copies your style.   Need help filing your design in Indonesia? Book a free 15-minute call with a registered Industrial Design consultant and ensure your design meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Top 3 Mistakes Foreigners Make When Filing Industrial Designs in Indonesia - AFFA IPR

Top 3 Mistakes Foreigners Make When Filing Industrial Designs in Indonesia

Intellectual Property, Industrial Design

Filing an Industrial Design in Indonesia may look simple, but even small missteps can lead to rejection—or worse, invalidate your rights after registration. For foreign applicants entering the Indonesian market, understanding what not to do is just as important as knowing the process.   Here are the top three mistakes we see most often—and how to avoid them:   Submitting Low-Quality or Blurry Images In Indonesia, clear and precise visual representation is the foundation of your Industrial Design protection. The Directorate General of Intellectual Property (DGIP) requires at least seven views of your design—front, back, left, right, top, bottom, and perspective. If the images are pixelated, low-resolution, or fail to reflect the design’s features accurately, your application will likely be rejected. Tip: Use high-resolution, black-and-white line drawings with no background noise. Avoid shadows, gradients, or photographic textures. Your images must clearly define the form, not confuse it. Including Functional Features in the Design Indonesia protects the appearance, not the function, of a product. If your design focuses on aspects driven purely by function (e.g., grooves, openings, or mechanisms necessary for the item to work), it may fall outside the scope of Industrial Design protection. The DGIP strictly excludes any design elements that are dictated solely by function. Including such elements can lead to rejection or later invalidation if challenged. Tip: Before filing, ask yourself: “Could this shape be different and still work the same?” If the answer is no, that feature likely won’t qualify. Filing After Public Disclosure—Without Knowing the Grace Period Rules Many foreign applicants mistakenly believe that any public disclosure automatically voids their ability to protect a design in Indonesia. While Indonesia does have strict novelty requirements, the law also provides a 6-month grace period for certain types of disclosures. Under Indonesian law, a design is considered novel only if it has not been made available to the public anywhere in the world before the filing or priority date. However, there are two exceptions: If the design was displayed at a nationally or internationally recognized exhibition, or If the design was disclosed by the designer themselves for education, research, or development purposes. In these cases, you still have up to 6 months to file your application without losing novelty. Tip: If you’ve already shown your design to the public, act fast. Check whether your situation qualifies for the grace period and file within six months—or risk permanent loss of rights.   Clean Up Your Designs Before You File   With rising interest in Indonesian design protection from global brands, getting it right the first time matters more than ever. A rejected or invalidated design not only costs time and money—it can expose your product to copycats in Southeast Asia’s biggest market.   Need help filing your design in Indonesia? Book a free 15-minute call with a registered Industrial Design consultant and ensure your design meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

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].

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].

Trademark Registration Procedure in Indonesia - AFFA IPR

Trademark Registration Procedure in Indonesia

Intellectual Property, Trademark

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

FAQs: The Registration and Use of Trademark in Indonesia - AFFA IPR

Frequently Asked Questions About the Registration and Use of Trademark in Indonesia

Trademark, Industrial Design

Ownership of Marks Q: Who may apply for registration?   A: Since the Indonesian Trademark Law adopts the first to file principle, in general any individual, organisation or company can file for a Trademark Registration. However, the Trademark Law also regulates Trademark Registrations that are filed in bad faith. Article 21 paragraph (3) of the Trademark Law stipulates that an application is refused if it is submitted by an applicant in bad faith. While the implementation of this article during substantive examination holds true for some applications that have similarities with the already established and Well-known Marks, in practice it is quite challenging to determine whether an application is filed in bad faith or not. A bad-faith application that later matured to registration can always be invalidated at the Court of Commerce as regulated under article 77 paragraph (2) of the Trademark Law, which stipulates the following:   “The lawsuit for invalidation may be in unlimited time if there is bad faith and/or the relevant Mark contravenes the State ideology, laws and regulations, morality, religions, decency, and public order.”   Scope of Trademark Q: What may and may not be protected and registered as a Trademark?   A: By definition of article 1 of the Trademark Law, a Mark is any sign capable of being represented graphically in the form of drawings, logos, names, words, letters, numerals, colour arrangement, in two and;or three-dimensional shape, sounds, holograms or combination of two or more of those elements to distinguish goods or services produced by a person or legal entity in trading goods or services.   Given the definition above, then the Law acknowledges two types of trademarks, namely traditional and non-traditional marks.   Unregistered Trademarks Q: Can Trademark Rights be established without registration?   A: Indonesia is a jurisdiction that adopts the first to file principle. Hence, a prior use itself is not sufficient to establish rights in the country.   Famous Foreign Trademarks Q: Is a famous foreign Trademark afforded protection even if not used domestically? If so, must the foreign Trademark be famous domestically? What proof is required? What protection is provided?   A: A Trademark can only be protected if it is registered in Indonesia, regardless of its fame. However, the Indonesian Trademark Law has a mechanism to somewhat protect a famous foreign Trademark from bad faith registrations by other parties. Should another party try to file a malicious Trademark application that is identical or similar to a famous foreign Trademark, such application will be rejected on the basis of article 21 paragraph (1) b and c, which stipulates the following:   “An Application is refused if the Mark is substantively similar to or identical with a well-known Mark of other parties for similar goods and/or services OR a well-known Mark of other parties for different goods and/or services complying with certain requirements.”   The issue is then shifted to what constitutes as a famous Trademark. Article 18 of the Ministry of Law and Human Rights of the Republic of Indonesia Regulation No. 67 2016 concerning Trademark Registration Decree of the Directorate General of Intellectual Property in the Field of Trademarks has set out the criteria of what makes a Trademark famous, such as: the level of knowledge or public recognition against the Mark in the business field that concerned as a well-known mark; the volume of sales of goods and/or services and benefits derived from using the Mark by the owner; the market share controlled by the Mark in relation to the circulation of goods and/or services in the community; the area of use of the Mark; the period of use of the Mark; the intensity and promotion of the Mark, including value of investment used for the promotion; the number of Trademark applications and registration around the world; the success rate of law enforcement, in particular regarding the recognition of the Mark as a well-known Mark by an authorised institution; or the valuation of the Mark because of the reputation and quality assurance of goods and/or services protected by the Mark.   However, a well-known mark that is famous abroad does not always necessarily have the same level of fame in Indonesia. This raises the issue as to whether the Trademark owner should also establish its fame in Indonesia before taking any action against other parties.   The Benefits of Registration Q: What are the benefits of registration?   A: Pursuant to the Trademark Law, the right on a Mark means the Exclusive Right granted by the state to a registered Mark Owner for a definite period to use his or her mark or authorise others to do otherwise. Hence, by registering a Trademark in Indonesia, the owner can establish its legal right should there is an infringement by another party. This includes, but is not limited to, requesting an e-commerce listing takedown notice, sending a cease and desist letter, filing a police report for the criminal aspect of the infringement, seeking damages at the Court of Commerce, issuing licensing rights, filing injunctions and conducting a Customs Recordal before Indonesian Customs.   Filing Procedure and Documentation Q: What documentation is needed to file a Trademark Application? What rules govern the representation of the Mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?   A: A Trademark search is strongly suggested for anyone who wishes to file a Trademark Application in Indonesia. The search report will identify potential hazards and tumbling blocks to an otherwise successful registration process. Assuming the search report gives the all-clear for continuing the application process, the applicant shall prepare the following: name of the applicant; address; list of goods and services; and the representation of the Mark to be filed, which can be in a form of wordmark, logo or non-traditional Marks.   Once the above information has been provided, then we will prepare the following documents to be signed by the client: power of attorney; and statement…

Kylian Mbappe has Trademarked His Iconic Goal Celebration - Why is it Possible? - AFFA IPR

Kylian Mbappé has Trademarked His Iconic Goal Celebration – Why is it Possible?

Intellectual Property, Trademark1 Comment

Since 2017, Kylian Mbappé has contributed 170+ goals for the Paris Saint-Germain football club. Since then, Mbappé has introduced a celebration pose with crossed arms clamped in his armpits after he scores. Apparently, the pose was registered as a Trademark in the same year and will be protected at least until August 2027.   In theory, since 2008, the World Intellectual Property Organization (WIPO) has recognized the existence of ‘New Types of Marks,’ which divides Trademarks into two types, namely Visible and Non-Visible. For Visible Marks, apart from the various commonly recognized Marks such as names, logos, and holograms, Motion or Multimedia Signs, Position Marks, and Gesture Marks are also recognized. Therefore, this celebratory pose, which includes gestures, can indeed be registered as a Trademark. Source: World Intellectual Property Organization (WIPO)   As a logo, there is a classification system that regulates it to make applications more accessible, as well as providing ample opportunity for each person or company logo to be registered in various appropriate class categories, thereby minimizing monopolistic practices. The classification system is the Vienna Class, which divides logos into 29 categories, 144 divisions, 775 main sections, and 1,112 auxiliary sections. Mbappé’s celebration pose is included in Vienna Class 2.1.8 which includes logos for “Acrobats, athletes, dancers, jugglers, nude men, men practising sports (except those already included in Vienna Classes 2.1.2, 2.1.12, 2.1.14, 2.1.20 and 2.1.21).”   It should be noted that the Indonesian Trademark Office (DGIP) has not adopted the Vienna Class for Figurative Mark, but this does not mean that the Mark cannot be registered in Indonesia. Please take a look at the explanation at the end of this article.   Why Does It Need to be Trademarked?   From the start, Mbappé understood that his unique pose could be registered as a Trademark. Dozens of years earlier, David Beckham, the legendary wing midfielder from Manchester United, had registered his cross-passing pose as a Trademark. The difference is that the logo registered by Beckham is a figure that resembles a human (Vienna Class 4.5.5), not a black-and-white photo of himself as registered by Mbappé. Source: World Intellectual Property Organization (WIPO)   However, just like Beckham, Mbappé also hopes that this Trademark can be used commercially for various goods and/or services of his own. With global achievements and 113 million Instagram followers from all over the world, it is not difficult to imagine that whatever Mbappé sells, especially those with his unique celebration logo, will make a profit. Of course, this profit does not only come to Mbappé but also to manufacturers of clothes, textiles, toys, video games, umbrellas, bags, jewelry, perfume, cosmetics, and even toothbrushes who are interested in getting the license.   Negative Impact on the Athlete’s Image?   If a Trademark is already registered, commercial use of the mark becomes the exclusive right of the mark owner or another party who has officially obtained permission. So, suppose another party uses it without permission. In that case, a civil lawsuit can be filed in Indonesia, or criminal liability can be demanded, with a maximum fine of 2 (two) billion Rupiah or a maximum imprisonment of 5 (five) years.   From the perspective of the fan community, the size of this fine can be scary because a logo that was previously very proud, used as wallpaper on a cellphone, laptop, sticker on a vehicle, or poster in the work space could become incriminating evidence. Will Mbappé’s lawyers or legal team sue and imprison the Fans?   The answer is, of course, no. Because they will mainly pursue pirates who produce, distribute, or sell counterfeit products without permission, this effort is undoubtedly very positive for fans who are truly present to provide support to their athletes. Because the money spent will actually be income for the athletes, not put into the pockets of the pirates, it’s more expensive but legal, you get quality goods, and you’re prouder.   Other Athletes Who Have Done It, Too.   The practice of commercializing athletes’ profiles as Trademarks has been going on for a long time; for example, basketball player Michael Jordan, golfer Jack Nicklaus, and sprinter Usain Bolt are still loved by their fans. With the ownership of this celebration logo, Mbappé is recorded as having 7 registered Trademark variants at the European Union Intellectual Property Office (EUIPO), of which 1 is a Trademark bearing his name, 2 Trademarks contain his favorite slogan, 2 are his logo, and 2 more are a combination of logo and Mbappé’s name.   Lionel Messi (6 Marks) and Cristiano Ronaldo (5 Marks) are other footballers with many active registered Trademarks. However, when David Beckham was still active, he had more Trademarks. Namely, he had 8 registered Trademarks for the logo, name, and several variants of his name with a combination of his back numbers for various products and foundations that he owns. Unfortunately, currently, only one Trademark is still active: BECKHAM.   Can this Trademark be Registered in Indonesia? Referring to Article 1 point 1 of Law Number 20 of 2016 on Trademarks and Geographical Indications (the Trademark Law), a Trademark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in goods and/or services trading activities.   Referring to the Trademark definition, the Trademark submitted by Kylian Mbappé can also be registered in Indonesia as long as no identical or similar Mark has been previously submitted by another party, as regulated in Article 21 of the Trademark Law. Are you interested in registering your name or favorite pose as a Trademark in Indonesia or abroad? Contact us directly via email: [email protected].