Trademark Application: Should You Register It Yourself or Use a Professional Service?

Why a Trademark Application Is an Important Decision

Just like people, businesses also need an identity. Its function is essentially the same: to create differentiation. However, a business identity is not limited to just a name. It can include a logo, slogan, color combinations, and other distinctive elements. Without a proper trademark application, however, these business identities can be difficult to protect legally.

A trademark application is crucial because Indonesia follows the first-to-file principle for trademark protection. This means that, generally, the party that files a trademark application first has priority in obtaining trademark rights. Therefore, deciding to submit a trademark application as early as possible is an important strategic step for business owners.

But which option is better: submitting a trademark application independently or using a professional service? You can find the complete answer in the discussion below!

Trademark Application Procedure in Indonesia

Before deciding how you want to register your trademark, it is important to first understand the trademark application procedure currently applicable in Indonesia.

In an era where almost every aspect of life has become digitalized, trademark registration has also moved toward a more modern process. Today, you can submit your trademark application online through the official DJKI website.

You do not need to guess what the procedure looks like. Here are the basic steps you can use as a reference:

1. Conduct a trademark search: Before submitting your application, it is advisable to search for existing trademarks to determine whether another party has already registered a similar or identical trademark.
2. Complete the electronic application form: As the applicant, you need to provide your personal information and trademark details according to the applicable trademark class.
3. Formal examination: After your application documents and requirements are submitted to DJKI, the authority will review the completeness of the application.
4. Publication: Your trademark application will be published for a specified period, allowing other trademark owners to file an opposition if they believe there are grounds to object.
5. Substantive examination: The examiner will assess whether the trademark you have applied for complies with the applicable trademark regulations in Indonesia.
6. Certificate issuance: Once your trademark has successfully gone through the required stages, a trademark certificate can be issued as official documentation of the registered trademark rights.

After understanding the procedure above, you as a business owner can make a more informed decision about whether it is better to register your trademark yourself or seek professional assistance.

Trademark Application Requirements You Need to Prepare

To ensure that your trademark application can be properly processed by DJKI, you also need to prepare the required documents in advance. The requirements generally include the following:

• Identification of the applicant.
• A representation or sample of the trademark you want to register.
• A list of goods or services corresponding to the trademark classification under the Nice Classification.
• A statement of ownership of the trademark being registered.
• Proof of payment of the applicable registration fee.

You should also know that if you are registering a trademark on behalf of a legal entity, you may need to provide documents proving the legal entity’s status. These documents may include the deed of establishment or other documents containing the legal entity’s identification information.

The completeness and accuracy of the required information and documents can significantly affect the application process. Inadequate preparation is one of the factors that can contribute to trademark applications being rejected. Therefore, this is an important factor to consider when deciding whether to handle the registration yourself.

Trademark Application Fees

For many business owners, the cost of trademark registration can be one of the main factors to consider when submitting an application.

Trademark registration fees vary depending on whether the applicant qualifies as a micro, small, or medium enterprise (UMKM) or a general applicant.

If you register the trademark independently, the trademark registration fee listed by DJKI is approximately Rp500,000 per trademark class for UMKM applicants. For general applicants, the fee is Rp1,800,000 per class.

The cost will be different if you use a professional service. If you decide to work with a professional trademark consultant or service provider, the total cost may range from around Rp1 million to Rp3 million per trademark class.

The cost of using a professional service is naturally higher because it includes service fees. However, the additional cost can provide practical benefits, especially if you need assistance assessing potential registration risks.

With this service, a trademark consultant can assist you with preparing documents, conducting preliminary checks, and submitting the application until the trademark is officially registered. Therefore, if you want to focus more on your business operations without having to deal with administrative procedures yourself, a professional trademark registration service can be an alternative.

Trademark Application Stages

Regardless of which registration method you choose, there are several important trademark application stages that can affect the outcome of your registration:

• Check trademark availability. Avoid applying for a trademark that is identical or confusingly similar to an existing registered trademark.
• Register through the DJKI system. Make sure all information and supporting documents are complete and accurate.
• Publication period. During publication, third parties may file an opposition if they believe your trademark conflicts with their rights.
• Substantive examination. The examiner assesses whether your trademark meets the requirements for registration.
• Official certification. Once approved and registered, a trademark certificate will be issued. Trademark protection generally lasts for 10 years from the filing date and can be renewed.

Register It Yourself or Use a Professional Service?

Choosing between registering your trademark yourself or using a professional service ultimately depends on your business needs and available resources.

Registering it yourself may be suitable if:

• Your business has staff with experience handling trademark registration.
• You only need to register one trademark class and the application is relatively straightforward.
• You want to minimize registration costs.

Meanwhile, you may want to consider using a professional service if:

• You want assistance with the process without having to handle the administrative work yourself.
• You need help assessing whether your trademark has a reasonable chance of being registered.
• You want to register trademarks for multiple products or classes.
• You need assistance conducting searches for existing registered trademarks.

Neither option is inherently wrong, and both are legitimate approaches. The right decision ultimately depends on how you want to balance your time, effort, data accuracy, and the overall registration process.

FAQ

Does a trademark application have to be handled by a consultant?

No. Business owners can submit trademark applications themselves. However, a trademark consultant or professional service can provide assistance throughout the registration process and help identify potential issues that could affect the application.

Can a trademark be registered in the name of a business entity?

Yes. A trademark can be registered in the name of a business entity, provided that the applicant meets the applicable requirements.

When is the best time to register a trademark?

The best time is generally as soon as you have decided on the name or logo and plan to use it for your products, services, or promotional activities. Registering early can help reduce the risk of another party filing a similar trademark first.

A Strategic Choice to Protect Your Brand

Submitting a trademark application also means protecting your business identity against potential legal disputes. Whether you handle the process yourself or work with a professional consultant, trademark registration is an important business decision that should not be unnecessarily delayed.

If you want professional assistance throughout the process, consider using a trusted trademark registration service from Jasa Merek to help manage your trademark application through to certificate issuance.

Tasya Mandarira

Legal Intellectual Property Expert M.H

A trademark dispute specialist with over 8 years of experience in trademark law, specializing in trademark news, trademark cases, and trademark journals. Has expertise in drafting regulatory content and trademark guidelines, from the pre-application stage through the post-application stage.

Areas of Expertise: Trademark News, Trademark Cases, Trademark Journal, Pre-Application, Post-Application

Authors (2)

Tasya Mandarira

Primary Author

Legal Intellectual Property Expert M.H

A trademark dispute specialist with over 8 years of experience in trademark law, specializing in trademark news, trademark cases, and…

Tim Editorial Jasa Merek

Reviewer