Registering a Trademark in Indonesia is very easy. This article explains why you should register your Trademark in Indonesia, the easy steps to take, and tips so that your Trademark will be accepted.
Why Should Your Trademark Be Registered?
As a developing country, Indonesia has become an export destination for developed countries in marketing their goods and services. With an average of 8,500 submissions for new trademark registrations per month from home and abroad, businesses from Europe, America, Japan, China and Korea are competing fiercely with local companies to get protection for their brands in Indonesia.
- Trademark protection applies sectorally; that is, it can only be protected in a country if you have registered your Trademark in the destination country. So, if your brand or service targets the Indonesian market, its registration in Indonesia is mandatory.
- Indonesia uses a “first to file” system, in which priority to use a Trademark is given to the first party who submits its registration. A person or legal entity that first applies for registration of a mark is given priority to use the Trademark.
- With a protected brand, your business can defend against third-party claims regarding products and services that use the same brand.
- Having a strong or well-known trademark will enhance a company’s reputation and can ultimately increase the value of its goods and services.
- A strong and reliable trademark can increase the value of goods or services. Your business can use this Trademark to raise consumer awareness of your brand in Indonesia.
Steps to register a trademark
1. Looking for Intellectual Property Consultants in Indonesia
To process your trademark registration application originating from outside Indonesia, as a foreign applicant, you must provide a Power of Attorney and a Declaration of Rights signed by an IP Consultant from Indonesia.
2. Get Requirements, Process, and Cost Details.
After getting an experienced Consultant, you will be guided to the next process regarding requirements, details of the following process that must be carried out, as well as obtaining clear and transparent information regarding the costs required. One that must be informed is the opportunity of the brand you want to register. An experienced Consultant can provide the best opinion if he finds that your mark is a familiar brand or has a high probability of being rejected for registration in Indonesia.
3. Registration Completion
This registration process consists of a formal investigation process by DGIP (Directorate General of Intellectual Property), which is continued to the publication stage if the formal investigation is deemed successful, where the Trademark will be announced in the official brand news. If a third party can object to your trademark submission, you can submit an objection in writing. If the objection is approved, an investigation will be carried out. Still, if the objection is not approved, the Trademark registration stage will proceed to the final step, the Official Gazette.
Reasons for Trademark Registration Unregistered and Rejected
According to Article 20 of law number 20 of 2016 concerning Marks and Geographical Indications, the reasons for marks not being registered and rejected are:
- Contrary to state ideology, laws and regulations, morality, religion, decency, or public order;
- Is the same as related to, or only mentions the goods and/or services being applied for registration;
- Contains elements that can mislead the public about the origin, quality, type, size, and purpose of using the goods and/or services being applied for registration or are names of protected plant varieties for similar goods and/or services;
- Contains information that is not suitable with the quality, benefits or efficacy of the goods and/or services produced;
- Has no distinction; and/or
- A common name and/or a symbol of public property.
Frequently Asked Questions
1. What is a Trademark?
A trademark is a sign that is displayed graphically in the form of an image, logo, name, arrangement of words, letters, numbers, arrangement of colours in 2 (two) dimensions and/or 3 (three-dimensional shapes, sound, hologram, or a combination of 2 ( two) or more of these elements to differentiate products and/or services produced by individuals or legal entities in trading activities of goods and/or services.
2. How Long Does it Take to Register a Trademark?
The Trademark takes 12-24 months to be approved and protected.
3. Can I Register my Own Trademark in Indonesia?
Definitely, but foreign applicants need a local Intellectual Property Consultant with a signed Power of Attorney and Declaration of Rights to apply for the processing of their trademark registration application in Indonesia.
When you are sure that Indonesia is the right market for your product or service, then Am Badar & Am Badar IP Law Firm, as an Intellectual Property Consultant with more than 57 years of experience in Indonesia, is the right partner.
Our services cover the registration process once it is accepted and the monitoring process in the future, where the Trademark you have registered may be copied or misused by other parties who are not responsible.
Am Badar and Am Badar IP Firm, are the right place for Partners in need of IP related services or consultation. Contact us via ambadar@ambadar.co.id. We will provide the best solutions according to your situation.
