Overview of Trademark Registration in Indonesia
For investors and company owners, Indonesia, the fifth-fastest-growing economy in the world, provides fantastic chances. Market analysts anticipate that Indonesia will have the fourth-largest economy in the world by 2050 as a result of its steady economic expansion and prosperity. A crucial first step in ensuring the success and good name of your company in Indonesia is trademark registration. In order to legally safeguard the intellectual property (IP) associated with your company, trademarks are an essential tool. You can obtain exclusive rights to your company's logos, emblems, and branding in Indonesia by registering a trademark there.
A trademark distinguishes a brand or goods legally. The trademark application will be approved and entered into the Indonesia trademark database by the Directorate General of Intellectual Property. As a result, because the trademark is the property of the corporation, it is protected by intellectual property (IP).
Law on Trademark Registration in Indonesia
Law No. 15 of 2001 (Trademark Act), administered by the Directorate General of Intellectual Property Rights (DGIP), governs trademark registration in Indonesia. The New Trademark and Geographical Indication Law (Law No. 20 of 2016), which was passed by the Indonesian government and modified the Trademark Act, was enacted on October 27, 2016. The new law expands the sorts of trademarks that are protected and make it easier for trademark owners to register their products in Indonesia.
A "trademark" is a sign that is used to identify goods or services made by a person or legal entity and can take the shape of words, numbers, letters, colours, figures, compositions, symbols, or a combination of the aforementioned.
Advantages of Trademark Registration in Indonesia
- In Indonesia, where there is a significant rate of piracy, protecting goods and services with a trademark is a crucial step. If you register your trademark in Indonesia, you'll get the following benefits:
- The Company has exclusive rights to defend its products and services from accusations of infringement by third parties.
- When a trademark owner is involved in legal disputes, the owner may occasionally receive legal support.
- A person or legal entity who initially submitted a trademark application shall be given priority to use the trademark, according to Trademark Act No. 15 of 2001.
- A strong and reliable trademark increases the value of goods or services. The business can utilise this trademark to increase consumer awareness of its brand.
Who may Apply for Trademark Registration in Indonesia?
Since the Indonesian Trademark Law follows the first-to-file rule, anybody, including businesses, organisations, and individuals, can apply for trademark registration there. However, trademark registrations that are filed in bad faith are also subject to regulation under the Trademark Law. According to Article 21, paragraph (3) of the Trademark Law, applications that are submitted in bad faith are rejected.
Documents Needed for Trademark Registration in Indonesia
An application for Trademark Registration in Indonesia must include the following information in order to get the filing date:
- The name, nationality, and address of the applicant(s);
- An image of the trademark (JPG file type);
- A detailed description of the goods/services;
- A scanned copy of the signed Power of Attorney. Legalisation or notarisation is not required.
- Within three months of the filing date, a coloured scanned copy of the certified Priority Document must be delivered to the Indonesian IP Office.
Process for Registering a Trademark in Indonesia
The trademark application would be processed and approved between 12 and 24 months. Following that, the trademark will be added to WIPO Indonesia's lists. A Pre-filing Search, Request for Registration, and Final Registration/Certificate would all need payment from the applicant. Depending on the kind of goods or services a corporation intends to purchase, different fees and charges apply. However, there is no assurance that the application will be accepted by the Directorate General of IP. Furthermore, the applicant will not receive a reimbursement if the Directorate General of IP rejects the application. Here is a step-by-step tutorial for registering a trademark in Indonesia.
In Indonesia, applications for trademarks in multiple classes are permitted. However, if one of the classes receives an objection, it is advised to submit a single-class application to minimise needless delay in the registration processing.
- Find a consultant for intellectual property rights. For handling and successful filing of their trademark registration application, foreign applicants must provide a Power of Attorney and Declaration of Entitlement signed by a local IP consultant.
- Conduct a trademark search in Indonesia. By doing this, you may be sure that the trademark you want to register complies with Trademark Act No. 15 of 2001. Additionally, this will guarantee that the trademark does not violate moral principles or conflict with public order. Make sure no one else has registered a trademark that is comparable to the one you are considering.
- You must lastly finish the registration process. Complete all three stages of the trademark registration process completely to maximise the likelihood that your application will be accepted. A formal evaluation, a thorough assessment, and finally, the announcement make up the procedure.
The following is the application workflow based on the New Trademark Law:
Application for Trademark Registration in Indonesia
- A formality check must be completed within 15 working days;
- The application must be submitted in writing in Indonesian;
- The applicant's full name, address, and nationality;
- A description and explanation of the trademark's design and colours;
- Payment of fees to the Directorate General;
- Application for a Trademark
If there are no objections during the publication time, the application will move on to the substantive examination stage, which will last 150 working days. If necessary, the DGIP provides for the outsourcing of examinations to specialists.
- The substantive examination is conducted by an examiner who is appointed by the Minister of Law and Human Rights;
- The substantive examination lasts no longer than 9 (nine) months;
- For an application containing elements that can mislead as to the type, quality, or intended use of the goods/service or is already trademark protected; the application is deemed as not registrable;
- If the description contains any errors, the application will be examined simultaneously if any opposition occurs;
Certification for Trademark Registration in Indonesia
The DGIP will issue a certificate of Trademark Registration in Indonesia and publish the trademark in the official Trademark Gazette if the application passes the examination;
Any individual or legal entity may make a written objection to the Directorate General during the publication time. If a trademark is rebutted, a 2 (two) month re-examination period is required, and an investigation is carried out.
New types of trademarks that are subject to legal protection are now allowed under Law No. 20 of 2016. This comprises holograms, sound, and three-dimensional forms.
Law No. 20 of 2016 on Foreign Trademark Registration contains provisions for the registration of international trademarks in Indonesia. Using the Madrid Protocol, an international agreement that enables trademark owners to apply for registration in any nation that has ratified the Madrid Protocol will enable international filing.
Validity of Trademark Registration in Indonesia
The official registration fee for trademarks in Indonesia is not specified. In Indonesia, trademarks are valid for ten years following the date of filing. Registration may be extended an infinite number of times for subsequent ten-year periods. Within six months of the trademark's expiration date, a renewal application must be submitted. Within a grace period of six months following the registration expiration date, a late renewal application submission may be made by paying an extra charge.
Trademark infringement under Indonesian law
Trademark infringements will now incur a 2 billion IDR as penalties. A 5 billion IDR fine will also be issued if the violation causes harm to people's health, the environment, or death.