Indonesia is one of the fastest growing economies in Southeast Asia, with a thriving business landscape and a large population of over 270 million people. The country is home to a diverse range of businesses, from small local startups to large multinational corporations, and is an attractive destination for foreign investors.
In this rapidly growing business environment, ensuring that your brand and products are properly protected is crucial. One key aspect of this protection is registering a trademark in Indonesia. This article will provide an overview of the process and requirements for registering a trademark in Indonesia, some peculiarities of Indonesian trademark law, and what can and cannot be registered as a trademark.
Contents
1. What can be registered as a trademark in Indonesia?
2. Why can you be refused to register a trademark in Indonesia?
3. The process of trademark registration in Indonesia
4. Documents required for the registration of a trademark in Indonesia
5. Trademark opposition process in Indonesia
6. Costs of trademark registration in Indonesia
1. What can be registered as a trademark in Indonesia?
In Indonesia, you can register a trademark if it distinguishes the goods or services of one person or company from those of others. The following types of trademarks can be registered in Indonesia:
- Words
- Logos
- Graphics
- Sound marks
- Color marks
- Holograms
- Combined
To register a trademark in Indonesia, you also need to specify which goods and services the trademark will refer to. This classification should be based on the International Classification of Goods and Services, a widely recognized system that ensures consistent trademark registration worldwide.
Be aware that you need to obtain separate trademarks for different categories of goods and services in Indonesia. Multi-class trademark applications are not accepted in the country.
2. Why can you be refused to register a trademark in Indonesia?
Trademark registration in Indonesia can be denied for absolute and relative reasons. Absolute reasons are determined by objective criteria, while relative reasons consider the possibility of confusion between the new trademark and an existing one.
Relative grounds for refusal include:
- If the trademark is the same or similar to an existing trademark for similar goods or services;
- It is the same or similar to a well-known trademark for similar goods or services;
- It is the same or similar to a well-known trademark for different goods or services and may cause confusion;
- It uses a well-known geographical indication;
- It uses someone else’s name, photo, or the name of a business without their permission;
- It uses a name or symbol that needs permission from relevant authorities;
- It looks like a government seal, stamp, or emblem without written permission from the authorities.
Absolute grounds for refusal can be the following:
- The trademark lacks distinctiveness;
- It goes against state ideology, laws, morality, religion, decency, or public order;
- It describes the goods or services being registered;
- It misleads the public about its origin, quality, type, size, or purpose;
- It uses the name of a protected plant variety for similar goods or services;
- It provides false information about the quality, benefits, or effectiveness of the goods or services;
- It is a common name or image.
3. The process of trademark registration in Indonesia
Before filing a trademark application, it’s best to conduct a thorough Indonesia trademark search to ensure that the desired trademark is available and not already registered or used by another party. You can search in the Indonesian Intellectual Property Office (DGIP) directory or hire a local trademark attorney to conduct a more comprehensive search in the Indonesia trademark database. You can also use this global online search tool.
Next, you need to apply with the DGIP and include the trademark, the goods or services you will use it for, and the name and address of the applicant. Ensure the trademark application is prepared correctly and all required information is accurately provided.
Your trademark application will undergo examination by the DGIP. During this stage, the Indonesia trademark office will check the documents for compliance with all legal requirements, including the absolute and relative grounds for refusal. If the DGIP finds any issues with the trademark application, it may request additional information or modifications.
If the trademark application is approved, it will be published in the Official Gazette of the DGIP. This allows other parties to object to the trademark registration within a specified period. If an objection is raised, the applicant will have the chance to respond and resolve the issue.
If no objections are raised or successfully resolved, the DGIP will issue a trademark registration certificate. The certificate is valid for 10 years and can be renewed for additional 10-year periods. Once a trademark registration certificate is issued, the owner can use the ® symbol to indicate that the trademark is protected under Indonesian law.
4. Documents required for the registration of a trademark in Indonesia
To file a trademark application in Indonesia, you will need to prepare the following documents:
- Trademark application form, which includes information about the trademark owner and contact information
- A clear representation of the trademark.
- A description of the goods/services for which the trademark will be used.
- Proof of payment of the trademark registration fee.
- A power of attorney if an agent or lawyer is filing the trademark.
- Copy of the priority application (if applicable).
Please note that you can only submit your application online through a personal cabinet. The application and all supporting documents must be in Indonesian. If any foreign-language documents are submitted, you must translate them into Indonesian and legalize them.
You must attach a scanned copy of the signed power of attorney at the time of application.
If priority is requested, you must submit a scan of the certified priority document within 3 months. The convention priority term is 6 months.
5. Trademark opposition process in Indonesia
After a trademark application has been approved and published in the Official Gazette, any interested party can file an opposition to the registration. They must file an objection in writing with the DGIP within 3 months of the publication. It must also include evidence to support the claim.
The DGIP will review the opposition and the evidence submitted and may request additional information or clarification from the parties involved. The office sends the applicant a copy of the objection within 14 days. The applicant must respond to the objection within 2 months.
Based on the evidence and information submitted, the DGIP will decide whether to uphold the trademark registration or revoke it. If either party is dissatisfied with the decision made by the Indonesia Patent and Trademark Office, they may file an appeal with the Ministry of Law and Human Rights within 30 days of the decision.
It’s important to note that the trademark opposition process in Indonesia can be complex and time-consuming, and it may be helpful to consult a local trademark attorney for assistance.
6. Costs of trademark registration in Indonesia
Government fees of trademark registration in Indonesia:
| Application | |
|
500,000 IDR |
|
1,800,000 IDR |
| Certificate | 100,000 IDR |
| Renewal/late renewal | |
|
1,000,000/ 2,000,000 IDR |
|
2,250,000/ 4,500,000 IDR |
| Third party objection | 1,000,000 IDR |
| Alienation | 700,000 IDR |
| License | 1,000,000 IDR |
The trademark registration cost in Indonesia via the iPNOTE platform starts from as low as $400, which includes all government fees as well as document preparation. Find the best Indonesian trademark attorney on iPNOTE.
7. Final thoughts
Registering a trademark in Indonesia is an essential step for businesses to protect their brand and intellectual property. By understanding the requirements, process, and necessary documents, you can ensure a smooth and successful trademark registration.
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