Trademark Registration in Indonesia: A Comprehensive Guide

Establishing a business in Indonesia requires careful measures to safeguard your intellectual assets, brand image, and products. This guide will walk you through the trademark registration process in Indonesia and provide valuable insights on expanding your trademark protection across other Southeast Asian markets.

Why Should You Register a Trademark in Indonesia?

Indonesia follows the first-to-file principle in trademark registration. This means that the rights to a trademark belong to the applicant who first files a trademark application with the Directorate General of Intellectual Property (DGIP). It is crucial that you register your trademark as soon as possible in Indonesia to prevent others from acquiring those rights. Here are the reasons why you should register a trademark in Indonesia:

1. Legal Protection Against Infringement: Registering a trademark protects against unauthorized use by competitors, ensuring your brand remains unique and protected.
2. Establishing Brand Credibility and Trust: A registered trademark signals that your business is serious about its brand. It reassures consumers that your brand is legitimate and professional, which is vital in building a strong market presence.
3. Strengthening Business Identity and Value: A trademark is an intangible asset that enhances your brand identity and creates a positive association with your products. 
4. Facilitating Business Expansion: A registered trademark in Indonesia can be used to obtain international protection through treaties like the Madrid Protocol. This facilitates business expansion beyond Indonesia, ensuring your brand is safeguarded in broader markets.
5. Mitigating the Risk of Rebranding: Without a registered trademark, you risk having to rebrand if another entity registers a similar mark first, which can be costly and confusing for customers. 

Understanding Trademark Registration in Indonesia

Trademark Registration Requirements and Eligibility

In Indonesia, both individuals and legal entities, including Indonesian nationals and foreign entities, are eligible for trademark registration. The process can be initiated directly through the Directorate General of Intellectual Property (DGIP) or facilitated by a registered trademark agent. To qualify for registration, a trademark must meet the following criteria:

• Distinctive: able to distinguish the applicant’s goods or services from those of others.
• Lawful: should not be contrary to public order or morality.
• Not Deceptive: should not mislead consumers about the origin or characteristics of the goods or services.
• Not Descriptive: should not merely describe the goods or services in a common or usual way.

Types of Trademarks that Can be Registered

The trademark law in Indonesia covers both conventional and unconventional trademarks. Conventional trademarks are the most common types of assets that are easily recognizable in the market. On the other hand, non-conventional trademarks can include both visible and non-visible assets which require a more detailed description when applying for a registration. 

Here’s an overview of a conventional and non-conventional trademark:

Conventional	Non-conventional
– Words – Logos – Symbols – Names	– Sounds – Smells – Colors – Shapes – Tastes – Textures – 3D holograms

International Trademark Registration (Madrid Protocol)

On January 2, 2018, Indonesia became a member of the Madrid Protocol, enabling businesses and individuals in Indonesia to obtain trademark protection in over 120 countries. Indonesian applicants can now file a single application with the World Intellectual Property Organization (WIPO). 

Here’s how you can file a trademark registration under the Madrid protocol:

1. Basic Mark Requirement – must already have a national or regional trademark application or registration (basic mark) in your home country. The application must be submitted through your country’s national trademark office (Office of Origin), which forwards it to WIPO.
2. Designating Indonesia – In the application, you can designate Indonesia as one of the countries where you can seek protection.
3. WIPO Examination – WIPO reviews the application for formalities and assigns an International Registration number before notifying Indonesia’s DGIP. 
4. National Examination by DGIP – The DGIP examines the application under Indonesian trademark laws. If approved, protection is granted as if it were a national trademark registration.

With the Madrid Protocol, you can now file your trademark registration in one language (English, French, or Spanish), and pay in one currency (Swiss Francs). Applications are examined according to each designated country’s national laws but benefit from a unified filing process. Furthermore, trademark renewals, assignments, or changes (e.g., ownership or address) can be managed centrally through WIPO for all designated countries. 

How to Register a Trademark in Indonesia

Trademark registration in Indonesia is regulated by the Trademark Law of 2016, which aligns with international standards established by the Madrid Protocol and the ASEAN Economic Community. 

Obtaining a Trademark Certificate can take up to two years, but once registered, the trademark is valid for 10 years and can be renewed indefinitely, offering long-term protection for the brand.

Here’s an overview of the trademark registration process in Indonesia:

1. Trademark Search/Clearance Search – Conducting a trademark search is crucial before filing an application to ensure your mark does not conflict with existing trademarks in Indonesia. This helps avoid potential opposition and legal disputes.
2. Filing the Application – Applications can be submitted either online through the DGIP e-filing system or paper-based at the DGIP office. To file a trademark application in Indonesia, you will need to prepare the following documents:
   • Trademark Application Form – Available through the DGIP website
   • Trademark Specimen – A clear representation of the mark.
   • List of Goods and Services – Classified under the Nice Agreement.
   • Power of Attorney – Required if filing through a representative.
   • Fee Payment Receipts – Proof of payment for registration fees. 
3. Examination and Publication Process – the DGIP conducts a formality check to ensure all documents are in order. Once cleared, the application undergoes a substantive examination to assess compliance with Indonesian trademark laws. If successful, the trademark is published in the IP Gazette for a period of two months to allow for opposition. 
4. Registration and Issuance of Certificate – after examination, the trademark is published in the IP Gazette for 2 months to allow for opposition. If no oppositions are filed or any oppositions are overcome, the DGIP will issue a trademark certificate. 
5. Trademark Renewal – To maintain trademark protection, registration must be renewed every 10 years. Renewal applications can be filed within six months before the expiration date or up to six months after, with a late fee.

Applicants are required to appoint a local agent, especially for foreigners or foreign-owned entities in Indonesia. Together with a Power of Attorney and Declaration of Entitlement, Emerhub can act as your representative throughout the entire trademark registration process including the initial trademark search with the DIGP database, document preparation, as well as pre-assessment on your behalf. 

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