How to Register a Trademark in Indonesia
Indonesia is the world’s fourth largest consumer market and thus offers foreign businesses ample opportunities to supply the increasing demand for products and services from the middle-class demographic; who have become a dominant force within the country’s consumer market.
As such, for businesses to take maximum advantage of the Indonesian market, they must trademark their brand and products to ensure their business interests are protected.
In this article, we explain the required steps to register a trademark in Indonesia.
What can be trademarked in Indonesia?
The following trademarks can be registered in Indonesia:
- Color marks;
- Word marks;
- Graphics; or
- A combination of the above.
What is the trademark registration procedure in Indonesia?
Filing of the application
Trademarks must be filed through the Directorate General of Intellectual Property Office (DGIP).
The following documents will need to be submitted:
- Date, month, and year of the application;
- Full name, nationality, and address of the applicant;
- Full name and address of the attorney if the applicant is filed through a proxy;
- A clear representation of the trademark;
- Proof of payment for the registration;
- A power of attorney if an agent or lawyer is filing the trademark; and
- The country’s name and the date of the first request for Mark registration if the application is filed with priority rights.
Any foreign language document must be translated and legalized to the Indonesian language.
All owners of the application must be listed as joint ownership is allowed in Indonesia. However, the added risk is that all parties must agree on intellectual property actions. 15 days after the application has been submitted, the Ministry of Law and Human Rights will publish the application on its official website. This allows the other party to oppose the application. This process can take up to two months.
Approval of the trademark
The final approval of the trademark can take up to two years to complete. If the trademark has been rejected, the applicant can appeal, which must be done within 90 days. The validity of the registered trademark is 10 years and it is renewable.
Applications using priority rights must be submitted no later than six months from the date of receipt of the trademark registration application in a country that is a member of the Paris Convention for the Protection of Industrial Property or a member of the Agreement Establishing the World Trade Organization.
Applications using priority rights must be accompanied by proof of receipt of the trademark registration application that first gave rise to the priority rights. This evidence must be translated into Indonesian.
If it is not fulfilled within 3 months after submission of the application, then the application will be processed without using priority rights.
ASEAN Briefing is produced by Dezan Shira & Associates. The firm assists foreign investors throughout Asia and maintains offices throughout ASEAN, including in Singapore, Hanoi, Ho Chi Minh City, and Da Nang in Vietnam, in addition to Jakarta, in Indonesia. We also have partner firms in Malaysia, the Philippines, and Thailand as well as our practices in China and India. Please contact us at firstname.lastname@example.org or visit our website at www.dezshira.com.