Find out how to register a trademark in Indonesia, including conducting a thorough trademark search in Indonesia’s intellectual property database.
Indonesia, the fifth fastest-growing economy in the world offers excellent business opportunities for investors and entrepreneurs. Due to consistent economic growth and success, market observers expect Indonesia to be the fourth-largest economy worldwide by 2050.
Registering a trademark in Indonesia is a significant step to securing the profitability and reputation of your business in the country. Trademarks are a crucial means to legally protect intellectual property (IP) connected to your business. By registering a trademark in Indonesia, you gain exclusive rights to your business logos, symbols, and branding.
This article outlines the procedure to follow when registering a trademark in Indonesia.
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Why is it important to register a trademark in Indonesia?
Owning a commercial trademark generally brings many advantages for companies. However, there are some specific benefits for companies to register a trademark in Indonesia.
The most beneficial aspects of registering a trademark in compliance with the Indonesian law are:
First to file
According to the Indonesian Trademark Act of 2016 Article 20, the ‘first to file’ method applies. This means the first legal person or organization that files for a particular trademark in Indonesia is given the priority for its use.
Being in possession of a trademark in Indonesia grants you exclusive protection of the registered signs. As a result, no other legal person or organization has the right to imitate or infringe your trademarked IP. Trademark owners have the right to take legal action against any third party breaching their exclusive right to the registered signs in court.
Unified Brand Recognition
Since 2 January 2018, Indonesia has been a member of the Madrid System. This system allows companies to submit a single trademark application in one language and one set fee, which validates them in all member countries. Due to the centralization of the trademark registration procedures, using the Madrid System ensures simplified filing processes, cost-effectiveness and time-savings.
Steps to register a trademark in Indonesia
There are 3 main steps to register your trademark in Indonesia.
1. Seek professional guidance
Indonesian Law requires foreign investors to engage an Intellectual Property Right Consultant in order to register a trademark in Indonesia. Therefore, the trademark applicant must sign a Power of Attorney (POA) and a Declaration of Entitlement which enables the responsible consultant to act on their behalf.
Your representative will not only help you submit your trademark application form; they can also assist in conducting a trademark search in Indonesia.
2. Conduct a trademark search in Indonesia
Before registering a trademark in Indonesia, the applicant must make sure that the proposed trademark is in full compliance with the Indonesian Trademark Act. This means the applicant has to conduct a thorough trademark search in Indonesia for two main reasons:
- To avoid any moral conflict that might affect the proposed trademark.
- To ensure that no other legal entities have registered a similar trademark. In this case, the first to file method applies in Indonesia.
The WIPO Indonesia Trademark Database is available for applicants and/or their legal representatives to conduct their trademark search in Indonesia.
3. Registration of trademark
The last step is to register the trademark at the Directorate General of Intellectual Property. Your legal representative will help you with this step.
FAQs: registering a trademark in Indonesia
How long does it take to register a trademark in Indonesia?
In average, it takes 12-24 months to register a trademark in Indonesia.
Which fees do I have to expect for registering a trademark in Indonesia?
Trademark registration fees are dependent on different factors, such as the company size. However, accurate fees can for the application process only are available on the national site of Intellectual Property in Indonesia. The costs associated with your legal representative will vary depending on the firm or individual you partner with.
When do I have to renew my trademark?
Once a trademark is registered, it lasts for 10 years. If the owner of the trademark wishes to keep the trademark for more than 10 years, it is advisable to renew the trademark registration at least 6 months before the trademark loses its validity.
Is it possible to cancel the trademark in case of non-use?
Yes, cancellation in case of non-use of the trademark is available.
What types of trademarks can I register in Indonesia?
In Indonesia following types of trademarks can be registered: names, words, devices, slogans, colours, holograms, trade dress, some non-traditional marks, collective marks and service marks.
What types of trademarks are NOT registerable in Indonesia?
The following types of trademarks cannot be registered in Indonesia:
- generic terms
- marks that are against mental standards or public order
- marks without acquired distinctiveness
- symbols, names or flags of nations, states, regions or of international organizations.
Get support from Biz Latin Hub’s trademark specialists to register your trademark in Indonesia
Registering a trademark in Indonesia contributes significantly to your companies’ success and brand security, as it offers exclusive access to your brand. However, filing a trademark in Indonesia can be a complex process and involves a high risk of delay or non-compliance if not approached properly.
Our multilingual local lawyers provide key support to your company to register your trademark in Indonesia successfully. We have great experience in trademark registration, company formation, visa procedures, due diligence, hiring and recruitment, payroll, legal services, and others. Our Intellectual Property Consultants ensure a professional and efficient trademark filing process.
Get in touch now at email@example.com to register your trademark in Indonesia as soon as possible.
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