Indonesia is one of Southeast Asia’s largest consumer markets and one of the region’s busiest Trademark filing jurisdictions, with more than 100,000 Trademark applications submitted every year. As competition for brand protection intensifies, securing a Trademark in Indonesia has become far more challenging than many foreign businesses expect. Many U.S. companies assume that obtaining Trademark registration in Indonesia is a straightforward administrative process. In reality, every application enters a crowded system where examiners must assess thousands of competing filings, increasing the likelihood of conflicts with earlier rights and raising the stakes for applicants. The most critical hurdle is often the substantive examination conducted by Indonesia’s Trademark Office, the Directorate General of Intellectual Property (DGIP). Why Substantive Examination Matters Indonesia follows a first-to-file system. This means Trademark rights generally belong to the party that files first, regardless of who used the mark first elsewhere in the world. Even a well-known U.S. brand cannot rely solely on its reputation or existing registrations in other countries to secure protection in Indonesia. A refusal during substantive examination can result in lost filing fees, delays in market entry, rebranding costs, and potential conflicts with earlier Trademark owners. What Happens Before Substantive Examination? Before examining the Trademark itself, DGIP verifies whether the application meets formal requirements, including: Correct applicant information; Clear Trademark representation (word mark or logo); Proper classification of goods and services; and Required supporting documents, such as powers of attorney and declarations. Errors in these areas can delay or prevent the application from proceeding to substantive examination. What Do Indonesian Examiners Evaluate? Similarity to Earlier Trademarks DGIP does not only compare identical marks. Examiners also assess: Phonetic similarity (how the marks sound) Visual similarity Similarity in spelling Similarity in meaning or concept A Trademark may be refused even if it differs from an earlier mark but creates a similar overall commercial impression. Distinctiveness A Trademark must distinguish your products or services from those of others. Marks are more likely to face objections if they: Directly describe the goods or services Use generic industry terms Consists of common promotional expressions What appears distinctive in the United States may be viewed differently by Indonesian examiners or consumers. Local Language and Consumer Perception One of the most overlooked risks for foreign applicants is local interpretation. Examiners may consider: Indonesian meanings of words or acronyms Translations and transliterations Common usage within the local market A brand name that is unique globally may be considered descriptive, generic, or misleading when viewed from an Indonesian consumer’s perspective. Public Order and Other Legal Restrictions A Trademark may also be refused if it: Violates morality or public order Resembles official government symbols Has the potential to mislead consumers Common Mistakes Made by Foreign Brands Many refusals occur because applicants: Skip Indonesian Trademark clearance searches Assume global registrations guarantee approval Select overly broad or incorrect classes Use descriptive brand names Underestimate local legal and cultural considerations How to Improve Your Chances of Registration Conduct a Local Trademark Search Do not rely solely on U.S. or international Trademark databases. A proper Indonesian clearance search should evaluate: Existing Indonesian registrations Similar-sounding marks Local language meanings Potential conflicts in related classes File Early Because Indonesia is a first-to-file jurisdiction, delaying filing until market entry can create unnecessary risks. Securing rights early is often the best defense against third-party filings. Choose Classes Strategically Filing in too many classes may increase the likelihood of conflicts and objections. Class selection should align with actual business plans and future expansion strategies. Work with Local Trademark Professionals Local IP consultants understand current DGIP examination practices, examiner expectations, and how Indonesian law is applied in practice. Their guidance can be critical when responding to objections or developing filing strategies. Substantive examination in Indonesia is not merely a procedural step—it is the primary gatekeeper to Trademark protection. U.S. brands should approach the process with a clear understanding of Indonesia’s first-to-file system, local examination standards, and market-specific considerations. By conducting proper clearance searches, filing early, selecting the right classes, and preparing a strategy tailored to Indonesian practice, businesses can significantly improve their chances of successfully registering and protecting their Trademarks in Indonesia. Should you need more information regarding Trademark searches, registration, protection, licensing, and portfolio management in Indonesia, please contact us through the channels below and claim your FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
Bali’s Family Office Vision: Opportunities and Risks for Brands
Indonesia is taking significant steps toward establishing a Family Office ecosystem in Bali, aiming to attract high-net-worth individuals (HNWIs) and ultra-high-net-worth individuals (UHNWIs) from around the world. The initiative is part of the government’s broader strategy to position Indonesia as a competitive destination for global wealth management, investment, and business expansion in Asia. Family Offices have long played a critical role in financial centers such as Singapore, Hong Kong, Dubai, Abu Dhabi, and Switzerland. By introducing a similar framework, Indonesia hopes to encourage wealthy families and entrepreneurs to manage investments, assets, and business interests from Bali while contributing to the country’s economic growth. For international investors, the initiative may offer: Access to one of Southeast Asia’s largest economies. Opportunities to invest in Indonesia’s growing consumer market. A strategic base within the Asia-Pacific region. Access to Bali’s established international community and lifestyle appeal. As global capital enters a market, one trend consistently follows: an increase in Intellectual Property activity, particularly Trademark filings. Why Brand Owners Should Pay Attention Countries and regions that successfully attract international investors often experience a surge in Trademark applications, particularly in sectors closely linked to investment, hospitality, professional services, and technology, with the growing number of Trademark filings in classes associated with: Hospitality and Accommodation Services (Class 43) Financial and Investment Services (Class 36) Business Consulting Services (Class 35) Educational and Event Services (Class 41) Technology and Software Services (Class 42) If Bali succeeds in attracting global wealth and family office operations, competition for valuable brand names is likely to intensify. Whether you are an international entrepreneur planning to enter Indonesia or an existing business owner looking to expand, these five considerations deserve your attention. Secure Your Trademark Before the Market Becomes Crowded Many businesses delay Trademark registration until they have established a customer base. Unfortunately, by that time, another party may have already secured a similar or identical Trademark. Indonesia generally follows a first-to-file Trademark system, meaning registration often determines ownership rights rather than prior use alone. Businesses considering Bali as a future market should evaluate Trademark availability as early as possible to avoid costly disputes later. Protect More Than Just Your Company Name Many businesses only register their primary brand. However, valuable Intellectual Property often extends beyond the company name itself. Consider protecting: Hotel brands Resort brands Restaurant names Product lines Membership programs Event brands Lifestyle and wellness concepts As Bali attracts more affluent residents and visitors, these secondary brands may become significant business assets. Develop an International Trademark Strategy Many businesses operating in Bali serve customers from Australia, Singapore, Europe, Japan, North America, and the Middle East. A Trademark registration in Indonesia protects your rights within Indonesia, but it does not automatically provide protection abroad. Businesses with international growth ambitions should evaluate trademark protection across key markets where they intend to operate, manufacture, distribute, or franchise their products and services. Build a Complete Intellectual Property Portfolio Investors increasingly evaluate Intellectual Property as part of a company’s overall value. Trademark protection should be viewed as only one component of a broader IP strategy. Depending on your business model, additional protection may include: Copyrights Industrial Designs Patents Trade Secrets Domain Names A well-structured IP portfolio can strengthen investor confidence and improve business valuation during fundraising or acquisition discussions. Prepare for Licensing, Franchising, and Partnerships One of the most significant opportunities arising from increased international investment is business expansion through partnerships. Potential structures may include: Franchising Licensing Joint Ventures Strategic Partnerships Investor-Backed Expansion These arrangements become considerably more efficient when Intellectual Property ownership is clearly documented and protected. Investors and partners often conduct IP due diligence before entering into commercial agreements, making Trademark ownership an important foundation for future growth. Indonesia’s Family Office initiative has the potential to transform Bali into more than a world-renowned tourism destination. It may also become an emerging hub for international wealth management, entrepreneurship, and investment. For brand owners, this development presents both opportunities and risks. As new businesses enter the market and competition intensifies, intellectual property protection becomes increasingly important. Businesses that secure their Trademarks and build strong IP portfolios early are often better positioned to attract investors, expand internationally, and protect their long-term market position. AFFA Intellectual Property Rights assists businesses and investors worldwide with Trademark registration, portfolio management, licensing, and Intellectual Property protection in Indonesia and across multiple jurisdictions. If your business is considering expansion into Indonesia, now may be the ideal time to evaluate your brand protection strategy. Should you need more information regarding Trademark searches, registration, protection, licensing, and portfolio management in Indonesia, please contact us through the channels below and claim your FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
Understanding Intellectual Property in the World of Football
The world is once again captivated by football as the latest edition of the prestigious international tournament held every four years kicks off across the United States, Canada, and Mexico. As the most celebrated international football competition on the planet, this global championship serves not only as a stage for the world’s best national teams but also as one of the largest economic events in sports, involving global sponsors, multi-billion-dollar broadcasting rights, and the sale of official merchandise to billions of fans worldwide. Behind the excitement on the pitch, however, lies a wide range of Intellectual Property (IP) rights that play a crucial role in protecting and enhancing the commercial value of the football industry. Trademarks, Copyrights, Patents, Industrial Designs, Trade Secrets, Domain Names, and Licensing Agreements all contribute to generating significant economic benefits for organizers, sponsors, clubs, and businesses. As the world’s most popular sport, football is about much more than goals and trophies. Behind every team logo, official mascot, match broadcast, jersey, and technological innovation used during matches, there is Intellectual Property protection helping sustain the global sports industry. Below are some of the most common forms of Intellectual Property found in the world of football. Trademarks Every football competition and tournament has a name that carries substantial commercial value. Competitions such as the UEFA Champions League, the English Premier League (EPL), and the Asian Football Confederation (AFC) competitions have become synonymous with elite-level football and global entertainment. Importantly, these names are registered trademarks and cannot be freely used by unauthorized parties. For example, a business cannot legally manufacture and sell shirts bearing the UEFA Champions League logo without obtaining permission from the Union of European Football Associations (UEFA). Trademark protection in football extends far beyond competition names. Many famous footballers have also registered personal brands as trademarks. Examples include Cristiano Ronaldo’s “CR7,” “Leo Messi,” and even certain signature celebration poses associated with top players. Patents When discussing innovation in modern football, one technology immediately comes to mind: the Video Assistant Referee (VAR) system. VAR has significantly improved the accuracy of officiating decisions by allowing referees to review incidents using multiple camera angles. The technology, patented by Hawk-Eye Innovations (a Sony company), was first introduced on football’s biggest international stage during the 2018 global championship in Russia. Using VAR, match officials can quickly determine whether a goal should stand, whether a player was offside, or whether other reviewable incidents occurred during play. As the owner of the patented technology, Hawk-Eye licenses its system to football governing bodies and professional leagues around the world. Today, the technology is used in dozens of countries, although its substantial operational costs mean that not every league can afford to implement it. Patents can also be found in football equipment itself. Almost every edition of the global football championship introduces a newly developed match ball incorporating advanced technology designed to improve performance, accuracy, and consistency. Industrial Designs Just like footballs, football boots may incorporate patent-protected innovations. However, even where patents do not apply, the visual appearance of football equipment and apparel is often protected through Industrial Design rights. Jerseys are among the most valuable commercial assets of football clubs and national teams. For passionate supporters, wearing an official jersey while watching a match—or even during everyday activities—is a symbol of loyalty and pride. Unfortunately, jerseys are also among the most frequently counterfeited products in the sports industry. Purchasing genuine merchandise not only ensures better quality but also guarantees that revenue reaches the clubs and organizations being supported. Copyrights Match footage, promotional materials, photographs, graphics, and other football-related content are generally protected by Copyright. Different leagues and competitions own the copyrights to their respective broadcasts and media content. These rights are typically licensed to broadcasters in different territories through highly competitive bidding processes. Because broadcasters invest substantial amounts to secure exclusive rights, they are highly protective of their content. Unauthorized streaming, rebroadcasting, or distribution of copyrighted football content may result in legal action and significant financial penalties. Trade Secrets Football clubs invest heavily in maintaining confidential information that provides a competitive advantage. Playing strategies, tactical plans, scouting reports, performance analytics, training methods, and certain medical information may all qualify as trade secrets. Teams protect this information carefully and limit access to those who need to know. Coaches, analysts, medical personnel, and other staff members are often required to sign Non-Disclosure Agreements (NDAs) to prevent sensitive information from being disclosed to competitors or the public. Domain Names Domain names play an important role in maintaining the online presence and marketing activities of football organizations. Official websites associated with governing bodies, leagues, and tournaments are registered not only to facilitate communication with fans but also to prevent cybersquatting and trademark abuse. These websites often provide multilingual content, ensuring that supporters, media organizations, and stakeholders worldwide have access to official news, match information, and commercial offerings. Licensing Agreements Licensing agreements are among the most significant commercial tools in the football industry. Various forms of Intellectual Property can be licensed for the production and sale of merchandise, mobile applications, video games, collectibles, and numerous other products. For example, video game developers seeking to include authentic club names, logos, player likenesses, and competition branding must obtain licenses from the relevant rights holders and often pay substantial royalty fees. Intellectual Property: The Financial Engine Behind Football Modern football would not be the global industry it is today without Intellectual Property. From Trademarks and Copyrights to Patents, Industrial Designs, Trade Secrets, Domain Names, and Licensing Agreements, IP rights serve as the financial engine that powers the sport. They create revenue streams, encourage innovation, protect brand value, and enable stakeholders to commercialize their investments on a global scale. Whether you are organizing a sporting event, managing a football club, developing sports-related products, or building a
Indonesia’s Growing Commitment to IP Protection: Insights from the 2026 Special 301 Report
The Office of the United States Trade Representative (USTR) recently published its 2026 Special 301 Report, an annual review that evaluates the state of Intellectual Property (IP) protection and enforcement among U.S. trading partners worldwide. Published in April 2026, the report primarily assesses developments that took place throughout 2025 and early 2026. It is widely regarded as one of the most influential international references for businesses, investors, innovators, and IP owners seeking to understand the IP landscape of major markets around the world. While Indonesia remains on the Priority Watch List in this year’s report, the USTR also acknowledges several positive developments and important reform commitments that demonstrate Indonesia’s growing focus on strengthening IP protection and enforcement. For businesses looking to expand into Southeast Asia’s largest economy, the report provides valuable insights into both the challenges and opportunities that exist within Indonesia’s evolving IP ecosystem. Understanding Indonesia’s Position in the 2026 Report The Special 301 Report places countries into different categories based on the USTR’s assessment of their IP protection and enforcement environment. Indonesia remains on the Priority Watch List in 2026, alongside countries such as China, India, Russia, Chile, and Venezuela. According to the report, U.S. right holders continue to face concerns relating to piracy, counterfeiting, enforcement effectiveness, and certain regulatory issues. However, it is important to understand that remaining on the Priority Watch List does not necessarily indicate a deteriorating IP environment. In fact, the report specifically recognizes a number of improvements made by Indonesia during the review period and highlights several commitments that could lead to significant enhancements in the future. Key Challenges Identified by the USTR The report notes that piracy and counterfeiting remain among the primary concerns in Indonesia. According to the USTR, stakeholders continue to report: Widespread online piracy and counterfeiting; Limited enforcement actions against sellers of pirated and counterfeit goods; Continued use of piracy devices and piracy applications; Concerns regarding certain provisions of Indonesia’s Copyright Law; Unauthorized camcording activities; Unlicensed software use; and Judicial delays and limited IP expertise among some judges. The report also notes that as manufacturing activities continue to expand in Indonesia, local production of counterfeit goods has reportedly increased in certain sectors. At the same time, counterfeit sales have increasingly shifted from physical markets to online platforms, creating additional enforcement challenges. Interestingly, the report links this trend to the broader shift of manufacturing activities from China to countries such as Indonesia. While this development creates new enforcement challenges, it also reflects Indonesia’s growing role in global supply chains and manufacturing investment. As more businesses establish production and commercial operations in Indonesia, securing Intellectual Property rights at an early stage becomes increasingly critical. Another area highlighted by the USTR concerns border enforcement. While Indonesia’s Directorate General of Customs and Excise possesses ex officio authority to take action against infringing goods, practical obstacles have reportedly limited broader use of the customs recordation system by foreign right holders. The report also identifies concerns relating to Geographical Indications (GIs), pharmaceutical regulatory data protection, Patent implementation requirements, and certain market access measures affecting foreign films. The report also encourages Indonesia to maintain transparency and due process in the protection of geographical indications, particularly as negotiations under the EU-Indonesia Comprehensive Economic Partnership Agreement (CEPA) continue. Positive Progress Recognized by the USTR Despite these concerns, the 2026 report acknowledges that Indonesia made progress in IP enforcement during 2025. According to the USTR, stakeholders observed improvements in Indonesia’s efforts to address online piracy, including increased cooperation between the Directorate General of Intellectual Property (DGIP) and the Ministry of Communications and Digital Affairs. The report also highlights the continued activities of Indonesia’s IP Enforcement Task Force, which has been working to increase awareness of IP-related issues across government agencies and encourage more investigations into IP infringement cases. Furthermore, the Indonesian government is reportedly considering establishing a larger national task force dedicated to trade monitoring and IP enforcement. Despite these efforts, the report notes that criminal enforcement remains relatively limited compared to the size of the Indonesian market. According to stakeholders cited by the USTR, there has reportedly been only one criminal conviction in a copyright piracy case during the past five years, highlighting why enforcement remains a key area for future improvement. A Major Development: The U.S.-Indonesia Agreement on Reciprocal Trade One of the most significant developments mentioned in the report is the signing of the U.S.-Indonesia Agreement on Reciprocal Trade on February 19, 2026. According to the USTR, Indonesia has committed to taking steps to address many long-standing IP concerns through this agreement. The commitments include: Significantly increasing IP enforcement actions; Eliminating local domicile requirements within the customs recordation system; Criminalizing the trafficking of devices that circumvent technological protection measures; Criminalizing unauthorized camcording; Extending Copyright protection terms for certain categories of works to seventy years from first publication; and Providing protection against unfair commercial use and unauthorized disclosure of pharmaceutical and agricultural test data. One particularly noteworthy commitment is the planned removal of local domicile requirements within Indonesia’s customs recordation system. The USTR previously identified this requirement as one of the factors limiting foreign right holders’ ability to utilize border enforcement mechanisms. If implemented, the change could make customs enforcement more accessible and practical for international brand owners and rights holders. The agreement also contains commitments relating to the protection of regulatory test data submitted to obtain marketing approval for pharmaceutical and agricultural chemical products. This issue has long been monitored by research-intensive industries, and stronger safeguards could contribute to greater confidence among companies investing in innovation-driven sectors. Looking Ahead Although Indonesia remains on the Priority Watch List, the 2026 Special 301 Report also points to growing efforts to strengthen IP protection and enforcement. Recent enforcement initiatives and reform commitments suggest that Indonesia is moving toward a more robust IP environment. For businesses, innovators, and brand
AFFA 成功代理广州小鹏汽车科技有限公司，在印度尼西亚最高法院成功认定 XPENG 为驰名商标
印度尼西亚对于**驰名商标（Well-Known Trademark）**的保护再次获得重要司法确认。在印度尼西亚最高法院第 41 K/Pdt.Sus-HKI/2026号判决中，由 AFFA Intellectual Property Rights 代理的广州小鹏汽车科技有限公司在再审（Cassation）程序中胜诉，并成功获得法院裁定，确认 XPENG 构成驰名商标，依法享有印度尼西亚法律保护。 该判决充分体现了国际声誉证据、广泛的商标使用情况以及完善的举证策略，如何能够说服最高法院对驰名商标权利人给予法律保护，对知识产权领域具有重要参考意义。 案件背景 本案起因于广州小鹏汽车科技有限公司（XPENG）向印度尼西亚法院提起商标无效诉讼，请求撤销他人名下注册的两件印度尼西亚商标，即注册号 IDM000955526 和 IDM000948231。 原告认为，上述商标与其已在全球多个国家和地区长期使用并注册的 XPENG 商标构成实质性近似，容易导致公众混淆。 在一审阶段，雅加达中央商业法院驳回了原告的诉讼请求。然而，在 AFFA 团队的代理下，案件进一步上诉至印度尼西亚最高法院，请求对一审法院适用法律的正确性进行审查。 最高法院认定 XPENG 为驰名商标 在判决理由中，最高法院认定广州小鹏汽车科技有限公司已经充分证明 XPENG 属于驰名商标。 合议庭法官重点考虑了以下事实： XPENG 商标已在中国、美国、英国、澳大利亚、新加坡、马来西亚、中国香港、欧盟、南非、新西兰等多个国家和地区获得注册； XPENG 在全球范围内开展了广泛的市场推广活动； 公司获得了多项行业奖项及市场认可； XPENG 在境外多个商标争议案件中成功维护了自身商标权利。 最高法院认为，驰名商标的认定需要综合考察多项因素，不仅包括商标注册证书，还应包括市场声誉、公众认知度以及国际商业信誉等证据。 商标近似成为关键认定因素 最高法院进一步认定，被告注册的商标与 XPENG 商标构成实质性近似。 法院指出，双方商标最显著的共同特征均为 “X PENG” 这一文字元素，其字母排列完全相同，发音也基本一致。因此，相关公众极有可能对两者产生相同或关联性的印象。 这一认定符合印度尼西亚商标法长期适用的原则，即当两个商标具有相同或高度相似的显著识别部分，并可能导致消费者产生联想或混淆时，即可认定构成“主要部分近似”（substantial similarity）。 被诉商标被认定为恶意注册 除认定商标近似外，最高法院还认定被告提交的商标申请属于恶意注册（Bad Faith Registration）。 法院认为，被告试图模仿并借用 XPENG 商标已在国际市场建立的声誉和影响力。虽然涉案商标此前已在印度尼西亚获得注册，但由于其注册行为具有恶意，因此仍应依法予以撤销。 最高法院支持 XPENG 的全部诉讼请求 基于案件事实及提交的证据，最高法院最终裁定： 支持广州小鹏汽车科技有限公司提出的再审申请； 撤销雅加达中央商业法院原判； 认定被告商标与 XPENG 商标构成实质性近似； 认定被告属于恶意注册； 撤销注册号 IDM000955526 及 IDM000948231 商标； 命令将上述商标自印度尼西亚商标总登记簿中删除。 驰名商标案件中证据的重要性 本案再次表明，驰名商标地位并不会自动获得认可。商标权利人仍需通过充分证据证明其商标在多个司法辖区内的使用情况、市场推广、品牌声誉以及权利归属。 值得注意的是，在雅加达中央商业法院于 2025年5月8日 作出一审判决后不到一年，印度尼西亚最高法院便于 2026年4月8日 作出第 41 K/Pdt.Sus-HKI/2026 号判决，推翻原判并支持广州小鹏汽车科技有限公司的全部诉讼请求。 广州小鹏汽车科技有限公司能够成功证明 XPENG 为驰名商标，离不开系统化的举证策略以及充分展现品牌全球影响力的证据材料。 对于商标从业人士、品牌所有人及企业经营者而言，本案为理解印度尼西亚法院如何认定驰名商标、判断商标近似以及审查恶意注册行为提供了重要参考。 如需了解有关印度尼西亚商标争议、商标保护或其他知识产权事务的法律服务，欢迎通过以下方式联系我们，并预约15分钟免费咨询服务。 📩 电子邮件：[email protected] 📞 电话预约：+62 21 83793812 💬 WeChat：@AFFAIPR 关于 AFFA： AFFA 知识产权事务所成立于1999年，是一家总部位于印度尼西亚的精品知识产权律师事务所，专注为国际品牌与创新者提供全方位服务，包括申请注册、许可授权、执法维权及商业化支持，助力客户在印尼不断发展的知识产权环境中稳健发展。 本所因卓越表现广受认可，荣获 Asia Business Law Journal 颁发的“2025年度印度尼西亚最佳精品律师事务所”及“知识产权执法事务所”称号，并入选 WTR 1000 “2024年度推荐事务所（印度尼西亚）”。 更多信息请访问：www.affa.co.id
AFFA Successfully Represents Guangzhou Xiaopeng Motors Technology Co., Ltd. in Establishing XPENG as a Well-Known Trademark in Indonesia
The protection of Well-Known Trademarks has once again been reaffirmed in Indonesia. In Supreme Court Decision No. 41 K/Pdt.Sus-HKI/2026, Guangzhou Xiaopeng Motors Technology Co., Ltd., represented by AFFA Intellectual Property Rights, successfully prevailed at the cassation level and obtained a ruling recognizing XPENG as a Well-Known Trademark entitled to legal protection in Indonesia. This decision serves as an important example of how evidence of international reputation, extensive Trademark use, and a well-structured evidentiary strategy can persuade the Supreme Court to grant protection to the owner of a Well-Known Trademark. Background of the Dispute The case began when Guangzhou Xiaopeng Motors Technology Co., Ltd., the Chinese electric vehicle manufacturer known under the XPENG brand, filed a Trademark cancellation action against two Trademark registrations in Indonesia registered under another party’s name, namely Registration Nos. IDM000955526 and IDM000948231. According to the Plaintiff, both registrations bore substantial similarity to the XPENG Trademark, which had already been used and registered in numerous countries around the world. At the first instance, the Commercial Court of Central Jakarta dismissed the claim. However, through the cassation proceedings handled by the AFFA team, the matter was brought before the Supreme Court for further review of the legal reasoning applied by the lower court. The Supreme Court Recognizes XPENG as a Well-Known Trademark In its considerations, the Supreme Court concluded that Guangzhou Xiaopeng Motors Technology Co., Ltd. had successfully demonstrated that XPENG qualifies as a Well-Known Trademark. The Panel of Justices considered evidence showing that the XPENG Trademark had been registered in numerous jurisdictions, including China, the United States, the United Kingdom, Australia, Singapore, Malaysia, Hong Kong, the European Union, South Africa, New Zealand, and several other countries. In addition, the Supreme Court took into account extensive international promotional activities, awards received by the company, and XPENG’s successful enforcement of its Trademark rights in disputes abroad. This reasoning demonstrates that establishing Well-Known Trademark status requires a comprehensive approach, relying not only on Trademark registration certificates but also on evidence of reputation, market recognition, and international goodwill. Substantial Similarity Became a Decisive Factor The Supreme Court further found that the Trademarks registered by the Defendant were substantially similar to the XPENG Trademark. According to the Court, the dominant element of both marks was the term “X PENG,” consisting of the same sequence of letters and producing the same pronunciation. Consequently, the Supreme Court held that the two marks were likely to create a similar overall impression among consumers. This assessment is consistent with established principles of Indonesian Trademark law, under which substantial similarity may be found where Trademarks share dominant elements capable of creating an association or connection in the minds of consumers. Registration Filed in Bad Faith In addition to finding substantial similarity, the Supreme Court also concluded that the Defendant’s Trademark registrations had been filed in bad faith. The Court determined that the registrations constituted an attempt to imitate or take advantage of the reputation of the XPENG Trademark, which had already gained recognition and protection in numerous countries. Therefore, despite having previously obtained administrative registration in Indonesia, the registrations remained subject to cancellation through legal proceedings. The Supreme Court Grants XPENG’s Claims Based on the evidence presented, the Supreme Court ultimately: Granted the cassation petition filed by Guangzhou Xiaopeng Motors Technology Co., Ltd.; Overturned the decision of the Central Jakarta Commercial Court; Declared that the Defendant’s Trademarks were substantially similar to the XPENG Trademark; Declared that the Defendant had registered the Trademarks in bad faith; Cancelled Trademark Registration Nos. IDM000955526 and IDM000948231; and Ordered the removal of both registrations from the General Register of Trademarks. The Importance of Evidence in Well-Known Trademark Disputes This case demonstrates that Well-Known Trademark status is not granted automatically. Trademark owners must still be able to prove their reputation, use, promotion, and ownership of rights across multiple jurisdictions. Less than one year after the Central Jakarta Commercial Court rendered its decision on May 8, 2025, the Supreme Court, through Decision No. 41 K/Pdt.Sus-HKI/2026 dated April 8, 2026, overturned the lower court’s ruling and granted all claims brought by Guangzhou Xiaopeng Motors Technology Co., Ltd. In this matter, Guangzhou Xiaopeng Motors Technology Co., Ltd.’s success in establishing XPENG as a Well-Known Trademark was supported by a comprehensive evidentiary strategy and the presentation of evidence demonstrating the brand’s global reputation before the Court. For Trademark practitioners and businesses alike, this decision serves as an important reference on how Indonesian courts assess Well-Known Trademark status, substantial similarity, and bad faith in Trademark cancellation proceedings. For further information regarding legal representation in Trademark disputes or other Intellectual Property matters in Indonesia, please contact us through our channels below and take advantage of our complimentary 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
Why “We’ll Register Later” Is the Most Expensive Decision a Company Can Make in Indonesia
For many startups and expanding businesses, Intellectual Property registration is often treated as an administrative task that can be postponed until “later.” The product launch comes first. The marketing campaign comes first. Distribution comes first. Fundraising comes first. But for Trademark registration? “We’ll handle it later.” Unfortunately, in Indonesia, that single sentence has become one of the most expensive mistakes a company can make. Indonesia Uses a First-to-File System In Indonesia, Trademark rights generally belong to: whoever files first —not necessarily whoever used the brand first. This creates serious risks for businesses entering the Indonesian market without securing their Trademark early. The Distributor Risk Is Real! One of the most common cases involves: distributors; local partners; resellers; or manufacturers filing the foreign brand under their own name before the actual owner does. Once registered, the original brand owner may face: legal disputes; blocked market entry; licensing pressure; or expensive negotiations just to recover their own brand. The Real Cost Is Not the Filing Fee Many companies postpone filing to save money. But in practice, delayed registration can lead to: forced rebranding; packaging redesign; litigation costs; marketplace takedowns; investor concerns; and loss of business opportunities. We have seen businesses spend far more resolving Trademark disputes than they would have spent filing the Trademark properly from the beginning. Yes, Bad-Faith Filings Can Be Challenged Indonesia allows Trademark oppositions and cancellation lawsuits against bad-faith registrations. However, these processes can be costly, time-consuming, and uncertain. To challenge squatters successfully, companies often need: overseas Trademark registrations; proof of use; promotional evidence; sales data; and evidence showing prior relationships with the squatter. Even with strong evidence litigation is still much more expensive than early filing. Investors Pay Attention to IP Problems Today, investors and Venture Capitals increasingly examine Trademark ownership, IP portfolios, and legal risks before investing. An unprotected brand in Indonesia can: delay deals; reduce valuation; and create major business uncertainty. The Best Strategy Is Still the Simplest One The cheapest Trademark dispute is the one that never happens. For companies planning to enter Indonesia, the safest strategy remains: file early; secure the brand first; and protect the business before expansion begins. As an Intellectual Property Law Firm in Indonesia, AFFA assists businesses and international brand owners in protecting and enforcing their Trademarks in Indonesia, including anti-squatting strategies, oppositions, cancellations, and cross-border IP protection. Should you require further information, please feel free to contact us through the channels below to receive a complimentary 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
Indonesia Begins Revising Its Industrial Design Law: What Foreign Businesses Need to Know
Indonesia’s House of Representatives (DPR RI), through the Special Committee (Pansus) on the Industrial Design Bill, has officially begun discussions with the government regarding the proposed revision of Indonesia’s Industrial Design Law. The amendment is considered an important step toward strengthening national Intellectual Property protection amid the rapid growth of the digital economy and creative industries. According to Franciscus Sibarani, Vice Chairman of the Special Committee on the Industrial Design Bill, the current Industrial Design Law — Law Number 31 of 2000 — is no longer fully aligned with the realities of today’s industries and business environment. Over the past two decades, significant changes have taken place in product development, digital marketing, and commercial practices, creating the need for a more modern and adaptive legal framework for Industrial Design protection. Social Media Creates New Challenges for Industrial Design Protection An important issue highlighted during the discussions concerns the impact of social media and digital publication on the novelty requirement of Industrial Designs. Today, many businesses and designers promote their products through Instagram, TikTok, online marketplaces, and other digital platforms before filing for Industrial Design protection. However, such publications may potentially affect the novelty element, which is one of the essential legal requirements for obtaining Industrial Design rights. As a result, lawmakers are considering regulatory approaches that can accommodate modern promotional practices without weakening the core principles of Intellectual Property protection. Faster Protection Needed for Fast-Moving Industries The discussions also addressed the need for a faster and more adaptive protection system for industries with short commercial cycles, including: Fashion; Handicrafts; textiles; and other creative products. In today’s rapidly changing market environment, trends can evolve faster than traditional legal procedures. A more responsive Industrial Design protection system is therefore considered essential to help Indonesian creative industries remain competitive while securing adequate legal protection for their works. Toward a More Modern Industrial Design System The proposed Industrial Design Bill is expected to create a legal framework that is: Modern; Fair; adaptive to technological developments; and capable of strengthening Indonesia’s creative industry ecosystem. Beyond providing legal certainty, the bill is also expected to encourage innovation, creativity, and Intellectual Property-based economic growth in Indonesia. As an Intellectual Property Law Firm in Indonesia, AFFA assists businesses, designers, and brand owners in protecting their Industrial Designs, including registration strategies, portfolio management, and Intellectual Property protection in Indonesia and internationally. Should you require further information, please feel free to contact us through the channels below to receive a complimentary 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id. Source: – Kompas: RUU Desain Industri, DPR Mulai Bahas Bersama Pemerintah
Indonesia Intensifies Crackdown on Copyright Piracy Websites – Over 1,000 Sites Shut Down
Indonesia’s Directorate General of Intellectual Property (DGIP), through its Directorate of Law Enforcement, continues to strengthen Copyright protection in the digital environment by actively taking action against websites that host Copyright-infringing content. From January 1, 2025, until May 11, 2026, Indonesian authorities successfully shut down a total of 1,004 websites involved in Copyright infringement activities! Pirate Streaming Websites Remain the Main Target In 2025, the largest enforcement category involved illegal movie and television streaming platforms, with 401 pirate websites being blocked or taken down. In addition, DGIP also enforced actions against: 258 websites distributing pirated digital books, webtoons, and digital comics; 198 websites infringing broadcasting rights; and 28 other websites containing various forms of Copyright-infringing content. The enforcement efforts continued into 2026. As of May 11, 2026, DGIP had already shut down 119 additional Copyright infringement websites, including: 61 pirate movie and TV streaming websites; 24 pirated digital book, webtoon, and digital comic websites; and 34 other infringing websites. Indonesia Strengthens Digital Copyright Enforcement Director General of Intellectual Property, Hermansyah Siregar, emphasized that Copyright protection in the digital space has become a serious national priority due to the significant impact of piracy on Indonesia’s creative economy. According to him, shutting down piracy websites is part of the government’s broader effort to build a healthier digital ecosystem that respects creators and Intellectual Property rights. He further stated that digital piracy not only harms creators and Copyright owners but also affects the long-term growth of Indonesia’s creative industry. The Indonesian government continues encouraging economic growth through Intellectual Property development, while strengthening monitoring systems and digital enforcement measures to ensure that creative works receive proper legal protection. Enforcement Process and Legal Basis Director of Law Enforcement, Arie Ardian Rishadi, explained that Copyright infringement complaints are processed in accordance with Indonesian regulations through: complaint intake; verification procedures; recommendations for website blocking; and access termination measures. These actions are intended to ensure effective Copyright protection while safeguarding Indonesia’s digital creative economy ecosystem from the negative effects of online piracy. The enforcement measures are carried out pursuant to: Law Number 28 of 2014 concerning Copyright; Joint Regulation Number 14 of 2015 and Number 26 of 2015; and Minister of Law Regulation Number 47 of 2025 concerning the Handling of Intellectual Property Infringement Reports in Electronic Systems. Public Participation Encouraged DGIP also encourages Copyright owners, businesses, and the public to actively participate in combating digital piracy by reporting websites containing infringing content through the official DGIP complaint portal. As digital piracy continues evolving across streaming platforms, digital publishing, and online content distribution, proactive Copyright enforcement remains increasingly important for businesses operating in the creative and digital industries. As an Intellectual Property Law Firm in Indonesia, AFFA assists businesses, creators, and content owners in protecting and enforcing their Intellectual Property rights, including Copyright protection, enforcement strategies, and anti-piracy measures in the digital environment. Should you require further information regarding Copyright protection and enforcement in Indonesia, please feel free to contact us through the channels below to receive a complimentary 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id. Source: Indonesia’s Directorate General Intellectual Property (DGIP)
Trademark Filings Surge in Bali’s Hospitality: How to Avoid Refusal
In recent years, Bali has continued to position itself as one of Southeast Asia’s most dynamic culinary and lifestyle hubs. Alongside the rapid growth of cafés, restaurants, and hospitality businesses, a notable trend has emerged: a sharp increase in Trademark filings—particularly for hospitality services, restaurants, cafés, catering, and temporary accommodation rental. A Significant Rise in Trademark Applications Since 2025, Trademark applications in Bali have surged to 3,457 filings, with a strong concentration in Class 43, which covers services such as cafés, restaurants, and food and beverage establishments. Notably, 757 applications fall under this class alone. This data reflects a clear shift: business owners are no longer treating branding as an afterthought. Instead, they recognize that a Trademark is a core business asset—especially in a highly competitive market like Bali. Why Café Trademarks Are Increasing Several structural factors are driving this spike: Intensifying competition among cafés and hospitality brands. Tourism recovery and growth, bringing in both domestic and international consumers. Increased awareness of brand identity and differentiation. Rising cases of brand imitation and disputes are pushing businesses to secure legal protection early. In an environment where visual identity, naming, and customer perception are critical, failing to protect a Trademark can lead to costly conflicts. The Risk: Trademark Refusal Despite the growing number of applications, many are still vulnerable to rejection. The most common reasons include: Similarity with Existing Trademarks Applications are often rejected due to resemblance—whether in name, pronunciation, or overall impression—to previously registered marks. Lack of Distinctiveness Generic or descriptive names (e.g., “Bali Coffee House” or “Tropical Café”) are difficult to register because they do not clearly distinguish one business from another. Bad Faith Concerns Applications may be refused if there is an indication that the applicant is attempting to imitate or exploit an existing brand’s reputation. Conflict with Well-Known Marks Indonesia applies a broader standard of protection for well-known marks. Even if registered in different classes, a similar mark may still be rejected if it risks association with a recognized brand. Practical Strategies to Avoid Refusal To ensure a smooth registration process, brand owners and entrepreneurs should adopt a structured approach: Conduct a Comprehensive Trademark Search Before filing, it is essential to assess existing registrations. This minimizes the risk of similarity-based refusal. Create a Distinctive Brand Choose a name that is: Unique and creative. Not directly descriptive of the product or service. Capable of building long-term brand equity. File in the Correct Class For cafés, Class 43 is the primary category (Indonesia still uses NICE Classification version 11). However, consider additional classes if you plan to expand into merchandise, packaged goods, or franchising. Prepare Proper Documentation Ensure that all administrative and legal requirements are complete and accurate to avoid procedural delays or rejection. Engage a Trademark Consultant Professional guidance significantly reduces risk—particularly in navigating legal nuances, drafting specifications, and responding to objections. Trademark Protection Is No Longer Optional The surge in filings clearly indicates one thing: awareness of Trademark protection is increasing—and so is competition for brand ownership. Indonesia follows the first-to-file principle, meaning that the party who files first obtains the legal rights—not necessarily the one who uses the mark first. Act Before It’s Too Late For business owners worldwide—especially those planning to enter the Indonesian market, with Bali as a key target destination—the message is clear: Awareness of Trademark protection is rising. Competition for brand ownership is intensifying. Delays can result in losing your brand rights entirely. Register your Trademark now—before someone else does. Should you need further information regarding the registration of Trademarks in Indonesia, please contact us through the channels below and receive a FREE 15-minute consultation: 📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889 About AFFA: Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
