How to file a trademark in Indonesia: a comprehensive guide to protecting your Intellectual Property

In the rapidly growing market of Indonesia, protecting your brand through a trademark is a crucial step for businesses looking to establish and maintain their identity. Filing trademark in Indonesia ensures that your brand is legally protected from misuse and infringement. This comprehensive guide will walk you through the process of how to file a trademark in Indonesia, covering essential steps, legal requirements, and helpful tips.

Understanding the Importance of a Trademark in Indonesia

A trademark in Indonesia is a sign that distinguishes your goods or services from those of other entities. It can include words, logos, symbols, or a combination of these. By securing a trademark in Indonesia, you gain the exclusive right to use the mark for the products or services registered, thus preventing others from using a similar mark that could confuse consumers.

Steps to File a Trademark in Indonesia

1. Conduct a Trademark Search Before you file a trademark in Indonesia, it is advisable to conduct a comprehensive trademark search in Indonesia to ensure that your desired trademark is not already registered or in use by another entity. This can be done through the Directorate General of Intellectual Property (DGIP) database. A thorough search can save you time and legal complications in the future.
2. Prepare Your Application To file an Indonesia trademark, you need to prepare an application that includes:
   • The full name and address of the applicant
   • A clear representation of the trademark
   • A list of goods or services for which the trademark will be used
   • The class of the goods or services according to the Nice Classification
3. Submit Your Application The application for trademark filing in Indonesia can be submitted online through the DGIP’s e-filing system or in person at the DGIP office. Make sure to fill out all required fields accurately and attach the necessary documents. A fee is also required, and it varies depending on the type and number of classes you are registering.
4. Examination and Publication Once your application is submitted, it undergoes a formal examination to ensure all requirements are met. If the application passes this stage, it will be published in the Official Gazette for a period of three months. During this time, third parties may file objections to your trademark registration.
5. Opposition Period If no oppositions are filed during the publication period, or if any oppositions are resolved in your favor, the DGIP will proceed with the substantive examination of the trademark. This involves a thorough review to ensure the trademark complies with all legal requirements and does not conflict with existing trademarks.
6. Registration and Issuance of Certificate After passing the substantive examination, your trademark in Indonesia will be registered, and you will receive a certificate of registration. This certificate is proof of your exclusive rights to the trademark in Indonesia for a period of 10 years, renewable indefinitely.

Tips for a Successful Trademark Filing in Indonesia

• Hire a Local Attorney: Navigating the legal landscape can be complex, especially if you are unfamiliar with Indonesian laws. A local attorney experienced in intellectual property law can provide valuable guidance and assistance throughout the procedure of trademark application in Indonesia.
• Monitor Your Trademark: After registration, it’s essential to monitor the market for any potential infringements. Regular monitoring can help you take timely action against unauthorized use of your trademark.
• Renew Your Trademark on Time: Trademarks in Indonesia need to be renewed every 10 years. Mark the renewal date on your calendar and ensure you file the necessary paperwork well in advance to avoid lapses in protection.

Conclusion

Filing a trademark in Indonesia is a critical step for businesses aiming to protect their brand and intellectual property in this dynamic market. By following the steps outlined in this guide and paying attention to the legal requirements, you can successfully secure and maintain your trademark in Indonesia. Whether you are a local business or an international company, understanding how to file an Indonesia trademark will provide you with the necessary tools to safeguard your brand and build a strong market presence.

Follow Your IP Firms for the answers for questions like “How long does it take to register trademark in Indonesia?“.

*** After more than 10 years of operation, ASL has been ranked as the top-tier IP Firm for years by Legal500, AsiaLaw, and WTR. We have been well known for OneTouch of IP protection in more than 27 countries with Budget savings from 15-35%. The more clients file trademark, patent, and industrial designs through ASL, the more savings our clients receive.