According to Article 1 of Law No. 20 of 2016 of the Republic of Indonesia, a mark is defined as “Any sign capable of being represented graphically in the form of drawings, logos, names, words, letters, numerals, colors arrangement, in 2 (two) and/or 3 (three) dimensional shape, sounds, holograms, or combination of 2 (two) or more of those elements to distinguish goods and/or services produced by a person or legal entity in trading goods and/or services.”
Trademark in Indonesia may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.
| Relevant office | Directorate General of Intellectual Property (DGIP) |
| Filing principle | First to file |
| Nice classification | Yes |
| Paris convention | Yes |
| Madrid system | Yes |
| Multi class system | Yes |
| Documents required for filing a trade mark application | Name and address of the applicant, clear representation of the trademark, list of goods and/or services, simply signed Power of Attorney and Simply signed Declaration of Ownership |
| Prosecution process | Filing, publication, examination, registration, renewal |
| Registration term | 10 years from the date of application |
| Renewal term | 10 years |
Trademark searches in Indonesia
Under the “First to File” principle, if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.
Therefore, it is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Indonesia can be conducted for word mark, numbers, etc. An official search can be conducted at the records of the DGIP for phonetic similarity. The official website also encourages you to conduct a similar mark search on their online database to ensure that there is no similar trademark existing on the register which is identical or similar to applicant’s trademark.
It is advisable to conduct comprehensive trademark clearance search in Indonesia to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Indonesia.
Filing trademark applications in Indonesia
A person may file multi-class or single class trademark application in Indonesia.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Indonesia
Ordinary trademark applications filed in Indonesia are applications without claiming any priority. Multi class trademark applications may also be filed in Indonesia. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Indonesia/Convention trademark applications Indonesia:
A priority trademark application may be filed in Indonesia. A priority trademark application should be filed in Indonesia within 6 months after the date on which the application was made in the convention country.
Paris convention
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Indonesia within six months of after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Indonesia follows the nice classification of classes. Intellectual property office of Indonesia uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defines list of terms and cover all the goods and services.
Trademark Examination in Indonesia
Once the application for the registration is submitted it goes through the examination process which are divided into two stages: formal and substantive examination.
According to the Article 20 of Law of the Republic of Indonesia number 20 of 2016: Mark cannot be registered if it:
A. contradicts to the State ideology, laws and regulations, morality, religion, decency, or public order;
B. is similar to, related to, or merely mentioning the goods and/or services being applied for registration;
c. contains any element which may mislead the public in respect to its origin, quality, type, size, variety, intended use of goods and/or services being applied for registration or constitute a name of protected plant variety for similar goods and/or services;
D. contains description that does not correspond to quality, or efficacy of produced goods and/or services;
E. is devoid of any distinctive character; and/or
F. constitutes a generic name and/or public sign.
According to the Article 21(1) of Law of the Republic of Indonesia number 20 of 2016:
An Application is refused if the Mark is substantively similar to or identical with:
A. a prior registered Mark of other parties or prior Mark application in respect of similar goods and/or services;
B. a well-known Mark of other parties for similar goods and/or services;
C. a well-known Mark of other parties for different goods and/or services complying with certain requirements; or
D. a registered Geographical Indication.
According to the Article 21(2) of Law of the Republic of Indonesia number 20 of 2016:
An application is refused if the Mark:
A. constitutes or is similar to name or initial of a well-known individual, photograph, or name of legal entity owned by other person, unless under a written consent from its proprietary;
B. constitutes as duplication or is similar to name or initial, flag, symbol or State emblem, or both national and international agency, unless under a written consent from the authorities; or
C. constitutes as duplication or is similar to official signs or seal or stamp used by a country or Government agency, unless under a written consent from the authorities.
Trademark Opposition in Indonesia
If the trademark application is approved, the DGIP will publish the application in their Gazette for the period of two months. Any interested third party may file the opposition during this duration.
Trademark registration in Indonesia
After the examination and opposition period, the mark will be registered for a period of 10 years from date of application and the registration certificate is issued.
Trademark Renewal in Indonesia
You can renew your trademark right by filing a request for renewal six (6) months before the trademark right expires.