Trademark Registration in Indonesia

Securing trademark registration in Indonesia is essential for businesses looking to protect their brand and gain exclusive rights to their logo, name, or symbol. With a registered trademark, businesses can prevent unauthorized use, enhance credibility, and establish a strong market presence.

Indonesia follows the first-to-file principle, meaning the first party to register a trademark will have exclusive rights, regardless of prior use. Additionally, since joining the Madrid Protocol in 2017, Indonesia allows businesses to register trademarks domestically and internationally through a single application.

Below is a detailed guide on trademark registration requirements and procedures in Indonesia.

Trademark Registration Requirements:

1. Applicant Information

Full name, nationality, and address of the applicant.
If applying through a legal representative, a Power of Attorney is required.

2. Trademark Details

A clear representation of the trademark (wordmark, logo, or symbol).
A detailed description of the design, colors, and visual elements.
A list of goods and services categorized under the International Nice Classification.

3. Supporting Documents

A signed declaration of ownership confirming that the trademark belongs to the applicant.
Proof of payment for the government filing fee.

Trademark Registration Procedures:

The trademark registration process in Indonesia involves several key steps. Below is a step-by-step guide:

1. Conduct a Trademark Search

Before filing an application, check the Directorate General of Intellectual Property (DGIP) database to ensure the trademark is not already registered. This helps prevent rejection due to similarity with an existing mark.

2. Submit the Trademark Application

Applications can be filed online through the DGIP system or manually at their office.
Ensure all required documents are complete and accurate to avoid delays.

3. Formality Examination

The DGIP will review the application for completeness and compliance with administrative requirements. If there are missing details, the applicant will be given time to correct them.

4. Substantive Examination

During this phase, the DGIP will evaluate:

Whether the trademark is distinctive and unique.
Whether it conflicts with existing registered trademarks.
Whether it follows proper classification for goods/services.

5. Trademark Publication

If the application passes the examination, the trademark will be published in the Official Trademark Gazette for two months. During this period, third parties can file an opposition if they believe the trademark infringes on their rights.

6. Issuance of Trademark Registration Certificate

If no opposition is filed, the DGIP will approve and register the trademark in Indonesia. The applicant will receive a Trademark Registration Certificate, granting exclusive rights for 10 years, with the option for renewal.

How can Double M Help?

The trademark registration process in Indonesia can be complex, especially for foreign businesses unfamiliar with local regulations. Double M offers comprehensive trademark registration services, ensuring a smooth application process with minimal hassle.