Trademark registration Indonesia
Register your trademark in Indonesia online in 3 steps…
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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Indonesia?
The costs of trademark registration in Indonesia depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.
Registration
- Includes all fees
- extra class
Watch
- Includes all fees
- up to 3 classes
extra class
Renewal
- Includes all fees
- extra class
How do you get a trademark registration in Indonesia?
A trademark registration is done on a so-called first-to-file basis. Only in exceptional cases can a well-known trademark be protected if it has not yet been registered. You can register a trademark in Indonesia at the Direktorat Jenderal Kekayaan Intelektual, which is part of the Ministry of Law and Human Rights.
Although registration of your trademark with the Direktorat Jenderal Kekayaan Intelektual is not mandatory, it is recommended. In the event of any dispute, you can use your registration document with the court as legal evidence. Keep in mind that when you apply for a trademark in Indonesia, it is not protected in East Timor. Moreover, you can only transfer a trademark once it has been registered.
Applying for a combined trademark in Indonesia
A brand can consist of word elements, figurative elements or a combination of both. In Indonesia, the exclusive right to the trademark is limited to the exact composition in which you submitted it to the Direktorat Jenderal Kekayaan Intelektual. This means that you do not have exclusive rights to the individual elements. If you do wish to obtain this, it is advisable to separately deposit both elements of your trademark.
If you have not filed both elements separately and a third party intends to use part of your trademark for its own trademark, you can only object if this person offers very similar goods or services. The reason for your objection is the so-called confusing resemblance. How successful such an opposition is depends on the situation.
How do you get a trademark registration in Indonesia?
A trademark registration is done on a so-called first-to-file basis. Only in exceptional cases can a well-known trademark be protected if it has not yet been registered. You can register a trademark in Indonesia at the Direktorat Jenderal Kekayaan Intelektual, which is part of the Ministry of Law and Human Rights.
Although registration of your trademark with the Direktorat Jenderal Kekayaan Intelektual is not mandatory, it is recommended. In the event of any dispute, you can use your registration document with the court as legal evidence. Keep in mind that when you apply for a trademark in Indonesia, it is not protected in East Timor. Moreover, you can only transfer a trademark once it has been registered.
Filing a trademark in Indonesia at a national level
Trademark registration can take place in Indonesia via two routes: local and international. If you want to register a brand name at a local level, this can be done immediately. The proceedings take place entirely in Indonesia. After the initial registration, a formal assessment will take place first. This takes about five days. Once approved, your trademark will be published in the trade gazette. Third parties then have two months to object. If there is no objection, the substantive investigation will commence, which will take up to 150 days. If your application also successfully passes the substantive examination, you will receive a certificate.
What is the validity period and how does renewal of a trademark registration in Indonesia work?
If you want to register a brand name in Indonesia, it will be valid for ten years after having gone through the official steps. This period starts from the application date and not from the date of approval. Trademark protection can be renewed every ten years. You can apply for an extension twelve months before the end date of the current registration period.
It is important to keep a close eye on this date. Unlike most other countries, Indonesia does not have a grace period. If you are unable to renew your trademark in Indonesia before the expiry date, a completely new application must be submitted.
How do you use your trademark after is is registered in Indonesia?
As mentioned, a trademark does not have to be in use to register it. However, this does not mean that the trademark can also remain unused after registration. If it is still inactive three years after the trademark was registered in Indonesia, you run the risk of canceling your trademark for non-use. This rule has been created to avoid intentional foreclosure of registration requests.
Applying for a trademark in Indonesia via the international route
You can also choose to register your trademark internationally and choose Indonesia as one of the countries. To be able to do this, you must have a basic registration. The international procedure starts at the WIPO (World Intellectual Property Organization) headquarters in Geneva and will be forwarded to Indonesia after approval of the administrative conditions. There, your application for registration of a brand name undergoes the same procedure as for a trademark registration at a local level.
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