INDONESIA

Filing trademark for protection

About the market

275.8 mln
population
(2022)
70.7%
% of population aged 15-64 (2022)
1.5%
compound annual population growth rate (CAGR) in 2012-2022
1.5%
compound annual population growth rate (CAGR) in 2012-2022
5.31%
GDP GROWTH RATE (2022)
$4,794
GDP PER CAPITA (2022)
3.4%
online share of retail sales (2022)

Whom does this concern?

Exporters
Service providers
IT sector
Game developers
Companies selling in Indonesia
Companies outsourcing OEM, private label production

Filing trademark for protection in Indonesia

Indonesia is an extraordinary country that should not be overlooked by growth-oriented companies. The country’s uniqueness stems from its unique geography. The country consists of an archipelago of several thousand islands in the Pacific Ocean. The most important and best known are Java, Sumatra, Borneo, Sulawesi and Bali. It is estimated that 90% of the country’s population of over 257 million live on these islands.

Indonesia is currently experiencing rapid economic growth. A steadily growing population is accompanied by a transformation from a low-income country to a consumer society with a growing middle class. Investment in infrastructure, particularly in logistics and e-commerce, is driving this growth. Innovations such as the delivery of online shopping by drones underline this dynamic.

At present, Indonesia may be seen in China’s economic shadow. However, in an evolving multipolar economic world, countries such as Indonesia and India are becoming increasingly important for companies seeking new markets. Therefore, advance trademark registration in Indonesia is a good first step in a company’s global growth.

10 years
Period of protection from the date of application
18-24 months
Time taken to register a trademark in Indonesia, assuming no objections or complications
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Priority is given to those who act first. File your mark first, before someone else is faster

Quick
knowledge station

Why register a trademark in Indonesia?

Registering a trademark in Indonesia is a practical step for businesses, opening up opportunities for growth in the booming Pacific market. Indonesia has many strengths – a population of over 270 million that is growing year on year. The country is experiencing steady economic growth, making Indonesia a great place to do business in the future. Protecting your trademark in this beautiful archipelago is not only your ticket to doing business, but also protection from being copied.

Who can apply for trademark protection in Indonesia?

In Indonesia, anyone can apply for trademark protection – individuals, local and foreign companies, as well as NGOs and associations.

Can the registration of a trademark in Indonesia be cancelled if it is not being used?

Yes, an unused trademark can be extinguished in Indonesia. At the same time, this is only possible after three years have passed since the decision to register it. It is the applicant for trademark invalidation who must provide proof that the mark has not been used, otherwise his application will not be considered.

What is the best way to apply for trademark protection in Indonesia - directly with the local office or through WIPO?

Filing a local application is a faster way to obtain a certificate of registration. This is because a locally filed application is processed immediately by the Directorate General of Intellectual Property (known as DJKI), whereas a WIPO application must first be processed at WIPO and then sent to Indonesia, where the process starts from scratch. Filing locally saves several months of time.

In our experience, a certificate of registration based on a local application is always considered more official than a declaration of protection based on an international registration. However, in various government offices in Indonesia, it is often necessary to check the validity of such a declaration with the DJKI first to ensure that the WIPO letter is correct and has strong legal standing.

Time is of the essence when starting a business. Often, a local trademark certificate is required by various government agencies, courts, public, well-known online shops, the Indonesian Medicines Registration Agency, and the entrepreneur does not have one and has yet to apply for a local certificate from the DJKI. This takes time and money.

What documents are required to register a trademark directly in Indonesia?

Commonly, the necessary documents include proof of identity or an English translation of the company’s registration document. You will also need to submit a power of attorney, an image of the trademark (if it is a figurative or combined word and figurative mark), and a list of the goods and services associated with the trademark. Providing a catalogue of the products that carry the trademark is also very helpful.

When should a trademark registration be renewed in Indonesia?

You can apply for renewal in Indonesia no earlier than 12 months but no later than 6 months before the expiry of the protection period.

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FAQ - Frequently asked questions

1. Do I need to use my brand in Indonesia before registering it? 

No, you do not have to use a trademark in Indonesia before applying for protection. In Indonesia there is a ‘first come, first served’ policy for trademark applications.

2. How much does it cost to register a trademark in Indonesia? 

Costs depend on the number of classes and products submitted. See our price list for details.

3. What types of trademarks can be filed for protection in Indonesia? 

The law in Indonesia allows the registration of the following types of trademarks: logo, name, word, sign, figure, colour composition, 2D/3D shapes, sound, hologram or a combination of these elements.

4. is it possible in Indonesia to apply for multiple classes trademark protection in a single application? 

In Indonesia, you can apply for multiple classes of trademark protection in a single application, but only up to three classes at a time. What’s more, if protection is refused in any class, the entire application will be put on hold until the issue is resolved.

This may delay the registration of the mark in classes that have not been refused until the refusal issue is resolved.

5. How long does it take for the Trademark Office in Indonesia to issue a trademark registration certificate after the expiry of the opposition period? 

The Trademark Office in Indonesia usually issues the original trademark protection certificate 12-14 months after the end of the opposition period.

6. How long is a trademark protection valid in Indonesia? 

Trademark protection in Indonesia lasts for a period of 10 years from the date of filing a trademark for protection and not from the date of grant.

7. I run my own individual business (self-employment). Can I file a trademark application for it in Indonesia? 

Yes, as an individual business owner you can apply for trademark protection in Indonesia. Through a professional representative, you will be asked to provide at least English business licence of your company, a description of the products/services offered and a representation of the trademark (graphic file with the mark).

8. When should a trademark registration be renewed in Indonesia? 

You can apply for renewal in Indonesia no earlier than 12 months but no later than 6 months before the expiry of the protection period.

9. How can I check if my brand or a similar one is already registered in Indonesia? 

The availability of the mark can be checked in the database of Indonesian Trademark Office.

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