Trademark Registration in Indonesia Simplified

The term trademark is generally defined as anything that distinctly separates a person, a firm, or a legal entity. It differentiates one from others through designs, symbols, colors, graphics, words, or thereof. Through trademark registration in Indonesia, the owner’s rights are protected, and he can file legal action against unauthorized use of the trademark in the country.

A trademark serves as a legal distinction of a brand or product. The Directorate General of Intellectual Property will approve the trademark application and put it in the Indonesia trademark database. Therefore, the Intellectual Property (IP) protects and covers the trademark as it is a company asset.

Regulation of Trademark in Indonesia

Indonesia offers a robust legal framework for protecting trademarks through registration. The primary legislation governing trademarks is Law No. 20 of 2016 on Marks and Geographical Indications (herein referred to as “Law No. 20/2016”).

Requirements for Trademark Registration in Indonesia

Thinking of expanding your business to Indonesia? Protecting your brand identity is essential. Unlike some countries, Indonesia awards trademark rights based on who files first, not necessarily who uses it first. This means registering your trademark is crucial.

Here’s a breakdown of the requirements for registering your trademark in Indonesia:

• Application Form: The application, in Indonesian, requires details like your information, the specific trademark you want to register (such as a logo or slogan), and any specific colors used. Consider seeking help from a local intellectual property (IP) specialist to ensure everything is filled out correctly.
• Applicant Information: Basic details like your full name, address, and nationality are needed to identify the trademark owner.
• Trademark Representation: A clear digital copy of your trademark, whether it’s a logo or slogan, is required as proof of what you’re registering.
• Local Representative (for Foreign Applicants): If you’re not based in Indonesia, you’ll need a registered IP consultant to represent you throughout the application process.
• Registration Fee: There’s a government fee associated with trademark registration. Your local IP consultant can advise you on the specific costs.

How to Register a Trademark in Indonesia?

Expanding your business to Indonesia presents exciting opportunities. But before you dive in, protecting your brand identity is essential. Here’s a step-by-step guide to navigating trademark registration in Indonesia:

1. Application

Prepare the application form, which is in Indonesian. This details your information, the specific trademark you want to register (logo, slogan, etc.), and any specific colors used. Consider partnering with a local intellectual property (IP) specialist to ensure accuracy.

Have your basic details ready, including your full name, address, and nationality. A clear digital file of your trademark (logo or slogan) serves as proof of what you’re registering.

2. Submit Your Application and Fee

Once you have everything prepared, submit the application form, along with any required documents and the registration fee, to the Directorate General of Intellectual Property (DGIP). The fee can vary, so consult your IP specialist for specific costs.

3. Awaiting Approval and Potential Objections

The DGIP will review your application for completeness and potential conflicts with existing trademarks. This process typically takes around 15 working days. If your application passes this initial stage, it will be published for public opposition. During this period (usually two months), other parties can raise objections if they believe your trademark infringes on their rights.

4. Addressing Objections (if applicable)

If someone objects to your trademark, you’ll have the opportunity to respond and defend your application. This might involve legal consultations and negotiations. Your IP consultant can guide you through this process.

5. Registration and Renewal

If there are no objections or you successfully address them, the DGIP will grant you a trademark registration certificate.This certificate is valid for ten years and can be renewed for subsequent ten-year terms.

Advantages of Registering Trademark in Indonesia

With a high incidence of piracy in Indonesia, patenting the goods and services with a trademark is an important step. Register your trademark in Indonesia and you will get some significant advantages as follows:

• The Company enjoys the exclusive protection of goods and services against claims of infringement by other parties.
• When the owner of the trademark is in legal battles, the owner can get legal reinforcement.
• According to Trademark Act No 15 of 2001, the person or legal entity that first filed the trademark application will have priority to use the trademark.
• Having a solid and reputable trademark adds value to the products or services. The company can use this trademark to bring their brand closer to their prospects.

The Procedure of Trademark Registration

It would take about 12 to 24 months to process and approve the trademark application. After that, then WIPO Indonesia will add the trademark to their lists. An applicant would have to pay for a Pre-filing Search, Request for Registration, and Final Registration/Certificate.

The fees and charges of Indonesia trademark registration process is vary depending on the type of goods or services that a company wants to obtain. But, there are no guarantees that the Directorate General of IP will approve the application. Furthermore, If the Directorate General of IP denied the application, the applicant will get no refunds. Here is a step-by-step guide in obtaining a trademark registration in Indonesia.  

1. Engage with Property Right Consultant

Look for an Intellectual Property Right Consultant. Foreign applicants require a local IP consultant with a signed Power of Attorney and Declaration of Entitlement in order to file for the processing of their trademark registration application.

2. Research Your Trademark in Indonesia

Conduct an Indonesia trademark search. This will ensure that the trademark you intend to register is in accordance with the trademark law Indonesia that is the Trademark Act No 15 of 2001. Furthermore, this will ensure that the trademark is not in conflict with religious or public order against moral values. You need to make sure that another entity has not register theirs similar to your proposed trademark.

3. Complete The Process

Finally, you need to complete the registration process. To increase the approval chances of your trademark application, be thorough in completing the three levels of the registration process. The process involves a formal examination, substantive review, and finally, the announcement.

Why You Should Register Your Trademark with InCorp Indonesia

In conclusion, trademark registration is important for you and your business. To make the entire process of trademark registration application efficient, contact our expert IP consultants at InCorp. We can help you to increase the chances of having your application for trademark registration Indonesia approved.

InCorp offers a comprehensive trademark registration service to help you navigate the process in Indonesia. Here’s why you should choose them:

• Streamlined Process: Their team of experts handles all the paperwork and communication with the DGIP, saving you time and effort.
• Local Expertise: With extensive experience in Indonesian intellectual property law, they ensure your application complies with local regulations and maximizes your chances of success.
• Language Proficiency: They eliminate communication barriers by handling all communication with the DGIP in Indonesian.
• Thorough Search: InCorp conducts a comprehensive search for existing trademarks to minimize the risk of conflicts and objections.
• Cost-Effective Solutions: They offer competitive fees and transparent pricing for their services.
• Ongoing Support: Their team provides ongoing support throughout the application process and even assists with trademark renewals.

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