To file a trademark in Indonesia, you must register it with the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights. Before submitting your application, it is essential to ensure that all requirements established by the DGIP are met to secure a smooth registration process.
What is a trademark in Indonesia?
Article 88 of the Industrial Property Law defines a trademark as any visible sign that distinguishes products or services of the same type from others in the same category on the market.
How to file a trademark in Indonesia?
Filing Requirements in Indonesia
In Indonesia, applicants must file trademark applications in Indonesian with the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights. To secure a filing date, applicants must provide their full name, address, nationality, a clear representation of the mark, and a list of goods or services classified under the Nice Classification. If the application has multiple applicants, they must submit information for all co-owners.
Additionally, foreign applicants must file through a local representative, and therefore must submit a Power of Attorney (POA).
If applicants want to claim priority under the Paris Convention, they must provide the priority filing number, country of first filing, and filing date. They must also submit a certified copy of the Priority Document within the prescribed deadline.
Trademark Eligibility Requirements
To secure registration in Indonesia, a trademark must meet the following criteria:
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Representable graphically
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Distinctive rather than merely descriptive of the goods or services
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Not identical or confusingly similar to a previously registered mark
Moreover, trademarks may consist of words, letters, numbers, logos, shapes, colors, sounds, holograms, 3D forms, or any combination of these elements.
To initiate the process of filing a trademark in Indonesia Click Here.
Check out how to file a patent in Indonesia.
How is the process of a Trademark in Indonesia?
Previous Searches
Before filing a trademark application in Indonesia, you should conduct an availability search with the Directorate General of Intellectual Property (DGIP). Conduct a separate search for each mark and class to identify potential conflicts and reduce the risk of refusal.
Examination
Once you file a trademark application, the DGIP starts the examination process. After assigning a filing date and number, the application moves through the following stages:
Publication for Opposition – DGIP publishes the application in the Official Gazette, allowing third parties 2 months to oppose.
Formal Examination – DGIP checks whether the application meets formal requirements, including accurate applicant details, nationality, address, and proper classification under the Nice Classification.
Substantive Examination – DGIP assesses whether the mark is distinctive, non-descriptive, and not identical or confusingly similar to existing registered marks, considering both absolute and relative grounds for refusal.
The full process typically takes 12–24 months, depending on complexity, office actions, or oppositions. If DGIP issues objections, applicants must respond within 30–60 days, depending on the deadline in the notice.
Registration
If DGIP approves the application, it issues a Certificate of Registration, granting the owner exclusive rights for 10 years from the filing date. You may renew the registration indefinitely in 10-year periods.
To maintain protection, you must use the trademark in commerce. If you do not use the mark for three consecutive years, third parties may request cancellation for non-use. Although renewal does not require proof of use, genuine commercial use is necessary to defend against challenges.
Duration of the procedure:
If you file a complete trademark application in Indonesia and no oppositions or examiner objections arise, registration may be granted within 12 to 18 months from the filing date. However, if oppositions are filed or the examiner raises formal or substantive objections, the process can be significantly extended—sometimes taking 24 months or more—and may ultimately conclude with either the registration being granted or refused.
Grant, validity term and maintenance fees
Duration and Renewal
In Indonesia, a registered trademark remains valid for 10 years from the filing date and can be renewed indefinitely in consecutive 10-year terms. To maintain protection, applicants must file the renewal within six months before the expiration date. If the deadline passes, Indonesia provides a six-month grace period, but applicants must pay additional fees to renew during this time.
Power of Attorney (POA)
Foreign applicants must renew their trademarks through a locally registered IP agent, which requires a Power of Attorney (POA). The applicant must sign the POA, but it does not require notarization or legalization. Once filed, the same POA can typically be reused for future renewals and other trademark actions.
International treaties
International Treaties
Indonesia is a member of several major international treaties and conventions, including:
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the Paris Convention for the Protection of Industrial Property;
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the Nice Agreement Concerning the International Classification of Goods and Services;
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the Madrid Protocol for the International Registration of Marks; and
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the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Classification System
Indonesia follows the Nice Classification system and accepts multi-class applications. This enables applicants to protect a trademark across multiple classes in a single application, streamlining the process and reducing costs compared to filing separate applications.
Representation by a trademark attorney
For foreign applicants, trademark prosecution in Indonesia must be conducted through a locally registered trademark attorney or agent authorized before the Directorate General of Intellectual Property (DGIP).
Goytia & Associates has local offices in key cities of the world to ensure the best quality of IP service. Our extensive coverage of +120 countries enables our clients to effectively manage multiple filings and cases through one centralized agent.
This content may suffer modifications due to updates in the official regulations of Indonesia.
