Business is a competitive landscape, so establishing a unique brand identity is crucial for success. One of the fundamental steps in protecting this identity is through trademark registration. That’s why you will need the trademark registration Indonesia.
In Indonesia, trademark registration is governed by the Directorate General of Intellectual Property (DJKI) under the Ministry of Law and Human Rights (Kemenkumham). For more insight, you can read the History of Trademark Laws in Indonesia first.
Requirements for Trademark Registration Indonesia
A brand is used as a business identity that distinguishes products made by one party from those made by another.
As mentioned before, business owners in Indonesia can register their brand with the government through the Directorate General of Intellectual Property or DJKI. You can apply for trademark registration online through the official website: https://dgip.go.id.
A brand registered in the DJKI Kemenkumham system becomes proof of legitimate ownership, allowing the owner to exclusively use the brand for their business. Registered brands are legally protected for 10 years from the date of acceptance of the application.
Overall, trademark registration in Indonesia involves several key requirements that need to be fulfilled to ensure a smooth process. These requirements are essential for establishing legal ownership and protection of your brand identity, including:
- Trademark registration form
- Applicant’s identification card (e-KTP or passport)
- Certificate of establishment of legal entity (for those with legal entities)
- 10 sheets of trademark labels
- Applicant’s signature
- Power of Attorney if registration is done by another person/legal entity as a requirement for trademark registration.
- Original recommendation letter from SME Development Agency or SME Development Agency Certificate (For micro and small business applicants)
- Statement Letter from SME (Small and Medium-sized Enterprises) with Stamp Duty – For Micro and Small Business Applicants
- The payment of trademark registration Indonesia. Here are the fee details:
- General: Rp. 1,800,000 per class
- SMEs: Rp. 500,000 per class
Accuracy is required to ensure that the requirements for trademark registration are not overlooked. This is to anticipate that the registration will not be rejected by the Directorate General of Intellectual Property.
For more information on the trademark registration process and requirements, you can visit the Directorate General of Intellectual Property’s official website or consult legal experts familiar with intellectual property law in Indonesia, such as Am Badar & Am Badar.
Trademark Registration Procedures in Indonesia
The trademark registration process in Indonesia can be efficiently conducted online through the DJKI’s official website. Here’s a simplified step-by-step guide:
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Create an Account
To begin the trademark registration process in Indonesia, the first step is to create an account on the Directorate General of Intellectual Property’s website (DJKI). This account will serve as your portal for submitting your trademark application.
Simply visit the website at https://merek.dgip.go.id/, and register by providing the required information.
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Fill out the Application
Once your account is set up, you can proceed to fill out the trademark application form. This form will require details about your trademark, including its name, logo, and any other distinguishing features.
Remember, make sure to provide accurate information to avoid any delays in the process of trademark registration Indonesia.
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Upload Required Documents
After completing the application form, you will need to upload certain documents to support your trademark registration.
These documents may include the label or logo of your trademark, a copy of your identification card, and any other relevant certificates or permissions, as mentioned above.
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Payment
Next, you will be required to make the payment for the trademark registration fees. The fee structure varies depending on whether you are registering as a general applicant or a micro, small, or medium-sized enterprise (UMK/SME).
For general applicants, the registration fee is Rp 1,800,000 per class, while for SME applicants, it is Rp 500,000 per class.
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Review and Submission
Once you have completed the application form and uploaded all the necessary documents for trademark registration Indonesia, take some time to review everything for accuracy.
Double-check that all information is correct and that you have provided all required documents. Once you are satisfied, submit your application through the DJKI website.
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Confirmation
After submitting your application, you will receive a confirmation of receipt from the DJKI. This confirmation will acknowledge that your application has been successfully submitted and is being processed. Be sure to keep this confirmation for your records.
Tips to Ensure Trademark Registration Approval
Here are several useful tips to help you ensure your trademark registration approval in Indonesia:
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Engage Legal Expertise
Seeking help from the expertise of a law firm specializing in intellectual property rights is crucial when navigating the process of trademark registration Indonesia.
These professionals possess the knowledge and experience to guide you through the complexities of trademark law, increasing the likelihood of your trademark application being accepted.
By enlisting this service, you ensure that your application meets all legal requirements and stands a better chance of approval.
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Avoid Controversial Elements
To enhance the chances of your trademark registration being approved, it’s essential to steer clear of any elements that may be deemed controversial. This includes avoiding any references to sensitive issues such as race, religion, or ethnicity.
By keeping your trademark free from controversial elements, you reduce the risk of objections or challenges during the registration process.
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Ensure Originality
Originality is a key factor in trademark registration approval. So, it’s crucial to ensure that your proposed trademark is unique and distinct from existing trademarks.
Conducting a thorough search of existing trademarks can help identify potential conflicts and prevent unnecessary delays or rejections.
By choosing a trademark that is original and innovative, you demonstrate your commitment to creating a brand identity that stands out in the marketplace.
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Use Accurate Documentation
Lastly, accurate documentation is very essential when submitting a trademark application.
This includes providing all required forms, signatures, and supporting documents following the guidelines set forth by the relevant authorities.
To sum up, securing the approval of trademark registration Indonesia requires careful planning and attention to detail. For expert guidance and assistance, consider our Trademark Service from Am Badar & Am Badar, Indonesia’s leading IP law firm.
If you don’t register your trademark correctly, your business or brand is at risk of facing law problems. For example, like what happened in the case between BMC Switzerland VS BMC Indonesia: Battle of Trademark. Also, for more information, visit our insights and services pages. To get in touch with us, refer to our contact page.
Reviewed by Nabil Argya Yusuf
