How to register trademark in Indonesia

In the competitive business landscape of Indonesia, safeguarding your brand through trademark registration is essential. Registering trademark in Indonesia provides legal protection and exclusive rights to use your brand identifiers. This comprehensive guide will walk you through the procedure of trademark application in Indonesia and the process of registering a trademark in Indonesia, covering important steps, legal requirements, and helpful tips.

Why Registering Trademark in Indonesia is Crucial

Registering a trademark in Indonesia ensures that your brand is legally protected from misuse and infringement. A trademark can include words, logos, symbols, or a combination of these elements that distinguish your goods or services from those of others. By registering your trademark, you gain exclusive rights to use it for the specified goods or services, thus preventing others from using a similar mark that could cause confusion among consumers.

Steps to Registering Trademark in Indonesia

1. Conduct a Trademark Search Before you start the process of registering a trademark in Indonesia, it is essential to conduct a thorough search to ensure that your desired trademark is not already in use or registered by another entity. This trademark search in Indonesia can be performed using the Directorate General of Intellectual Property (DGIP) database. A comprehensive search can save you from future legal disputes and potential rejection of your application.
2. Prepare Your Application To register a trademark in Indonesia, 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 Indonesia trademark registration can be submitted online through the DGIP’s e-filing system or in person at the DGIP office. Ensure that all required fields are accurately filled out and that all necessary documents are attached. A fee is also required, which 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 that 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 can 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 a substantive examination of the trademark. This involves a thorough review to ensure that 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 will be registered in Indonesia, 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 Indonesia Trademark Registration

• 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 process.
• 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

Registering 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 the process of registering a trademark in Indonesia will provide you with the necessary tools to safeguard your brand and build a strong market presence as well as 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.