Trademark Registration

A trademark serves as the public face of your brand or corporation. Trademarks are used in commerce to identify the origin of goods and services and to differentiate them from rivals in the marketplace.

Registering your trademark grants you the exclusive right to use your mark in the country in which it is registered for the goods and/or services that it covers. A registered trademark also confers legal rights on the owner to lease or sell the brand.
If you have a registered trademark, you may use the ® sign to warn others not to use it. However, using this symbol for an unregistered trademark is illegal.

A registrable trademark is one that has a distinguishing logo or symbol, picture, name, signature, word, letter, numeric, or any combination of these elements. Smells, noises, colors, forms, moving pictures, tastes, and sensations are now registrable in various ASEAN nations.

In Indonesia, a trademark that can be registered must meet certain criteria. According to the Indonesian Trademark Law, a mark that can be graphically presented in the form of a picture, logo, name, word, letters, numbers, a composition of colours in the form of two-dimensional or three-dimensional shapes, sounds, holograms, or a combination of two or more of these elements to distinguish goods and/or services produced by a person or legal entity in trading goods and/or services, may be registered as a trademark. However, scents, taste, and sound cannot be registered as trademarks. It’s important to note that some marks cannot be registered due to their lack of inherent distinctiveness. These conditions are met if marks are contrary to the state ideology, laws and regulations, religious morality, ethics, or public order, or are identical to, related to, or simply describe the goods and/or services for which registration is sought.

In Indonesia, a trademark registration can be requested by any individual, organization, or company. The country’s trademark law adopts the first-to-file principle, so anyone can file for a trademark registration. However, the law also regulates trademark registrations that are filed in bad faith. An application can be refused if it is submitted by an applicant in bad faith. While it can be challenging to determine whether an application is filed in bad faith or not, a bad-faith application that later matures to registration can always be invalidated at the Court of Commerce.

If the application contains all of the following information/documents, a filing date is assigned depending on the date of receipt:

In Indonesia, the process for filing and prosecuting a trademark application is similar to that of other civil law countries. Each application must be for one mark in one class. The application may include several items or services that fall under the same international class without incurring any additional expenses. If the applied-for mark is approved by the Directorate General of Intellectual Property (DGIP), it is published in the DGIP’s official gazette for public comment. The filing of any opposition is limited to two months. If no opposition is received, the mark is registered. Conversely, after any objections and/or oppositions are resolved, the mark is registered.

In Indonesia, intellectual property rights with respect to a trademark can be established by actual usage in the marketplace, and registration allows for enhanced protection. Registered trademark owners have the exclusive right to use their marks in commerce. They also have the legal right to sue those who use their marks without their permission under Indonesian Trademark Law. They can pursue legal action or file a complaint with the Directorate General of Intellectual Property for appropriate action. The registration certificate issued by the Directorate General of Intellectual Property is prima facie evidence of trademark ownership. A certificate of registration is a vital document for establishing ownership of products exported to other countries.

In Indonesia, to keep your trademark active, you simply need to renew it every ten years. You can renew your trademark at any time before it expires by submitting the necessary renewal application to the Directorate General of Intellectual Property. The validity of your trademark may be extended for another ten years upon renewal. You or a Registered Trademark Agent can renew your trademark. Please note that the specific regulations and procedures may vary, so it’s always recommended to consult with a local expert or legal advisor to understand the full implications.