{"id":7275,"date":"2026-09-12T09:00:55","date_gmt":"2026-09-12T09:00:55","guid":{"rendered":"https:\/\/affa.co.id\/global\/?p=7275"},"modified":"2026-09-12T09:00:56","modified_gmt":"2026-09-12T09:00:56","slug":"trademark-certificate-or-halal-certificate-which-one-should-you-apply-for-first","status":"publish","type":"post","link":"https:\/\/affa.co.id\/global\/2026\/09\/12\/trademark-certificate-or-halal-certificate-which-one-should-you-apply-for-first\/","title":{"rendered":"Trademark Certificate or Halal Certificate? Which One Should You Apply for First?"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Your brand is ready, and your product is about to launch, but which should you handle first: Trademark registration, BPOM approval, or Halal Certification?<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Each serves a different purpose and follows different requirements. However, from a business protection perspective, Trademark registration should ideally come first, followed by compliance with the requirements of <strong>Indonesia\u2019s Food and Drug Authority (Badan Pengawas Obat dan Makanan \u2013 BPOM)<\/strong> and Halal Certification, where applicable to the product.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Why Should Trademark Registration Come First?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Indonesia applies the first-to-file principle. Under <strong>Article 3 of Law No. 20 of 2016 on Trademarks and Geographical Indications<\/strong>, rights to a Trademark are acquired after the Trademark has been registered. This means that using a name on a product, obtaining marketing authorization, or even securing a Halal Certificate does not automatically grant you rights to that Trademark.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Without a registered Trademark, the risks can be significant. Imagine a company that has already invested in production, packaging, marketing, BPOM approval, and Halal Certification, only to discover that the Trademark it uses is already owned by another party.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The company could face legal action and may ultimately have to change its product name, packaging, promotional materials, and other business documents bearing that identity.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For this reason, Trademark searches and registration should ideally be carried out at an early stage of product development.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>When Is BPOM Approval Required?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">BPOM approval and Trademark registration fall under different regulatory regimes. A Trademark protects a product\u2019s brand identity, while BPOM regulates the safety, quality, benefits, labeling, and distribution of certain products.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In general, products regulated by BPOM include:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>pharmaceutical products;<\/li>\n\n\n\n<li>traditional medicines and natural health products;<\/li>\n\n\n\n<li>quasi-drugs;<\/li>\n\n\n\n<li>health supplements;<\/li>\n\n\n\n<li>cosmetics; and<\/li>\n\n\n\n<li>processed foods.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">However, this does not mean that every food product must obtain a BPOM registration number. Certain foods may be exempt from BPOM registration requirements, such as products with a shelf life of less than seven days, ready-to-eat foods, foods used as raw materials and not sold directly to end consumers, and certain products eligible for the <strong>Home Industry Processed Food Production Commitment Fulfillment Certificate (SPP-IRT)<\/strong> scheme.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Trademark-related requirements may also differ depending on the product category. Therefore, a Trademark Certificate is not always a prerequisite for BPOM registration. Nevertheless, the product name or Trademark remains an important part of the product identity submitted for registration and displayed on its label.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>What About Halal Certification?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Halal Certification requirements do not apply to every product traded in Indonesia. Under <strong>Government Regulation No. 42 of 2024 on the Implementation of Halal Product Assurance<\/strong>, mandatory Halal Certification is being implemented in stages according to product category.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Products covered by the <strong>Mandatory Halal<\/strong> phase effective <strong>October 18, 2026<\/strong> include:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>food and beverages;<\/li>\n\n\n\n<li>raw materials, food additives, and processing aids for food and beverages;<\/li>\n\n\n\n<li>slaughtered products and slaughtering services;<\/li>\n\n\n\n<li>cosmetics;<\/li>\n\n\n\n<li>traditional medicines, natural health products, and quasi-drugs;<\/li>\n\n\n\n<li>health supplements;<\/li>\n\n\n\n<li>chemical products and genetically engineered products; and<\/li>\n\n\n\n<li>certain consumer goods, including clothing and accessories, household health supplies, household appliances, religious equipment, stationery, office supplies, and Class A medical devices.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Different rules apply to products made from prohibited <strong><em>(haram)<\/em><\/strong> materials. Such products are exempt from the requirement to obtain a Halal Certificate but must carry non-halal information or labeling in accordance with the applicable regulations.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Trademark, BPOM, and Halal: Know the Difference<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Put simply:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Trademark: Protects the brand identity and the exclusive rights to the Trademark.<\/li>\n\n\n\n<li>BPOM: Ensures that certain regulated products meet the applicable requirements before they can be marketed.<\/li>\n\n\n\n<li>Halal: Ensures that products falling within the Halal Product Assurance framework comply with applicable halal requirements.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">A single product may require all three.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For example, a cosmetic product may use a Trademark that needs legal protection, require BPOM authorization before it can be marketed, and fall within a category subject to mandatory Halal Certification.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Conversely, a product may still require Trademark protection even though it is not subject to either BPOM authorization or Halal Certification.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Ultimately, Trademark registration should come first. This is not because a Trademark Certificate replaces BPOM approval or a Halal Certificate, but because the Trademark is the identity that will be attached to the product and used throughout its subsequent commercial activities.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Ideally, businesses should conduct a Trademark search, file the Trademark application, and then proceed with the applicable BPOM and\/or halal requirements according to the product category.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This is becoming increasingly important as Indonesia approaches the next phase of mandatory Halal Certification in October 2026, particularly for businesses operating in food and beverages, cosmetics, health supplements, traditional medicines and natural health products, quasi-drugs, chemical and genetically engineered products, slaughtered products and slaughtering services, and certain consumer goods.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Do not wait until your product is ready for the market and all regulatory approvals have been secured, only to discover that the Trademark at the heart of your product identity remains unprotected.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Should you need further information on Trademark registration, BPOM approval, and Halal Certification in Indonesia and overseas, contact us through any of the channels below and get a FREE 15-minute consultation:<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">\ud83d\udce9 E-Mail : trademark@affa.co.id<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">\ud83d\udcf3 Book a Call : +62 21 83793812<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">\ud83d\udcac WhatsApp : +62 812 87000 889<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>About AFFA:&nbsp;<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support\u2014from prosecution and licensing to enforcement and commercialization\u2014in Indonesia\u2019s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including <strong>\u201cBest Boutique Law Firm in Indonesia\u201d<\/strong> and <strong>\u201cIP Enforcement Firm\u201d<\/strong> at the Indonesia Law Firm Awards 2025 by <strong>Asia Business Law Journal<\/strong>, as well as being listed as a <strong>\u201cRecommended Firm 2024 \u2014 Indonesia\u201d<\/strong> by <strong>WTR 1000: The World\u2019s Leading Trademark Professionals<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Your brand is ready, and your product is about to launch, but which should you handle first: Trademark registration, BPOM approval, or Halal Certification? Each serves a different purpose and follows different requirements. However, from a business protection perspective, Trademark registration should ideally come first, followed by compliance with the requirements of Indonesia\u2019s Food and Drug Authority (Badan Pengawas Obat dan Makanan \u2013 BPOM) and Halal Certification, where applicable to the product. Why Should Trademark Registration Come First? Indonesia applies the first-to-file principle. Under Article 3 of Law No. 20 of 2016 on Trademarks and Geographical Indications, rights to a Trademark are acquired after the Trademark has been registered. This means that using a name on a product, obtaining marketing authorization, or even securing a Halal Certificate does not automatically grant you rights to that Trademark. Without a registered Trademark, the risks can be significant. Imagine a company that has already invested in production, packaging, marketing, BPOM approval, and Halal Certification, only to discover that the Trademark it uses is already owned by another party. The company could face legal action and may ultimately have to change its product name, packaging, promotional materials, and other business documents bearing that identity. For this reason, Trademark searches and registration should ideally be carried out at an early stage of product development. When Is BPOM Approval Required? BPOM approval and Trademark registration fall under different regulatory regimes. A Trademark protects a product\u2019s brand identity, while BPOM regulates the safety, quality, benefits, labeling, and distribution of certain products. In general, products regulated by BPOM include: However, this does not mean that every food product must obtain a BPOM registration number. Certain foods may be exempt from BPOM registration requirements, such as products with a shelf life of less than seven days, ready-to-eat foods, foods used as raw materials and not sold directly to end consumers, and certain products eligible for the Home Industry Processed Food Production Commitment Fulfillment Certificate (SPP-IRT) scheme. Trademark-related requirements may also differ depending on the product category. Therefore, a Trademark Certificate is not always a prerequisite for BPOM registration. Nevertheless, the product name or Trademark remains an important part of the product identity submitted for registration and displayed on its label. What About Halal Certification? Halal Certification requirements do not apply to every product traded in Indonesia. Under Government Regulation No. 42 of 2024 on the Implementation of Halal Product Assurance, mandatory Halal Certification is being implemented in stages according to product category. Products covered by the Mandatory Halal phase effective October 18, 2026 include: Different rules apply to products made from prohibited (haram) materials. Such products are exempt from the requirement to obtain a Halal Certificate but must carry non-halal information or labeling in accordance with the applicable regulations. Trademark, BPOM, and Halal: Know the Difference Put simply: A single product may require all three. For example, a cosmetic product may use a Trademark that needs legal protection, require BPOM authorization before it can be marketed, and fall within a category subject to mandatory Halal Certification. Conversely, a product may still require Trademark protection even though it is not subject to either BPOM authorization or Halal Certification. Ultimately, Trademark registration should come first. This is not because a Trademark Certificate replaces BPOM approval or a Halal Certificate, but because the Trademark is the identity that will be attached to the product and used throughout its subsequent commercial activities. Ideally, businesses should conduct a Trademark search, file the Trademark application, and then proceed with the applicable BPOM and\/or halal requirements according to the product category. This is becoming increasingly important as Indonesia approaches the next phase of mandatory Halal Certification in October 2026, particularly for businesses operating in food and beverages, cosmetics, health supplements, traditional medicines and natural health products, quasi-drugs, chemical and genetically engineered products, slaughtered products and slaughtering services, and certain consumer goods. Do not wait until your product is ready for the market and all regulatory approvals have been secured, only to discover that the Trademark at the heart of your product identity remains unprotected. Should you need further information on Trademark registration, BPOM approval, and Halal Certification in Indonesia and overseas, contact us through any of the channels below and get a FREE 15-minute consultation: \ud83d\udce9 E-Mail : trademark@affa.co.id \ud83d\udcf3 Book a Call : +62 21 83793812 \ud83d\udcac WhatsApp : +62 812 87000 889 About AFFA:&nbsp; Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support\u2014from prosecution and licensing to enforcement and commercialization\u2014in Indonesia\u2019s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including \u201cBest Boutique Law Firm in Indonesia\u201d and \u201cIP Enforcement Firm\u201d at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a \u201cRecommended Firm 2024 \u2014 Indonesia\u201d by WTR 1000: The World\u2019s Leading Trademark Professionals.<\/p>\n","protected":false},"author":1,"featured_media":7279,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[60],"tags":[99,103,107,116,127,128,132,134,186,205,208,333,455,456,92],"class_list":["post-7275","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-trademark","tag-intellectual-property","tag-merek","tag-kekayaan-intelektual","tag-affa","tag-ip","tag-ki","tag-your-ip-is-our-expertise","tag-affa-ipr","tag-timing-is-everything","tag-regulation","tag-indonesia","tag-regulasi","tag-halal","tag-aturan","tag-trademark"],"_links":{"self":[{"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/posts\/7275","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/comments?post=7275"}],"version-history":[{"count":1,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/posts\/7275\/revisions"}],"predecessor-version":[{"id":7276,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/posts\/7275\/revisions\/7276"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/media\/7279"}],"wp:attachment":[{"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/media?parent=7275"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/categories?post=7275"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/affa.co.id\/global\/wp-json\/wp\/v2\/tags?post=7275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}