Trademark Registration Procedures: Prevent the Risk of Plagiarism
Highlights
- Understanding copyright protection is essential for safeguarding your original creative works from unauthorized use.
- Under Indonesian Copyright Law, copyright arises automatically once an original work is expressed in a tangible form.
- Copyright protects a wide range of works, including artistic, literary, digital, and software creations.
- Copyright grants both moral rights and economic rights, allowing creators to receive recognition and financial benefits from their work.
- Although copyright protection is automatic, registering your work with Indonesia’s Directorate General of Intellectual Property (DJKI) provides stronger legal evidence of ownership.
Benefits of Understanding the Trademark Registration Process
In today’s competitive business landscape, understanding the trademark registration process is essential for protecting your brand. Knowing the correct steps can help ensure your application is successfully accepted by Indonesia’s Directorate General of Intellectual Property (DJKI) while reducing the risk of rejection.
A trademark distinguishes your business from competitors by giving your products or services a unique identity. Registering your trademark officially grants legal recognition and strengthens your brand’s position in the marketplace.
Without legal protection, your brand may be vulnerable to disputes or unauthorized use by others.
In addition, a registered trademark can increase the value of your business. It is often viewed as a valuable intellectual property asset by investors, business partners, and customers, making business expansion and licensing opportunities easier to pursue.
Most importantly, an officially registered trademark helps build consumer trust and reinforces your company’s credibility.
Five Trademark Registration Systems in Indonesia
Indonesia’s trademark registration framework is governed by Law No. 20 of 2016 on Trademarks and Geographical Indications. The following are key aspects of the country’s trademark registration system.
1. First-to-File System
Indonesia follows the first-to-file principle, meaning trademark rights are granted to the first party that files a valid trademark application—not necessarily the first person to use the mark.
If someone else registers your brand before you do, they may obtain exclusive rights to the trademark, potentially forcing you to rebrand your business.
For this reason, businesses are encouraged to file trademark applications as early as possible to prevent third parties from registering the same or a confusingly similar mark.
In short: the earlier you file, the stronger your legal position.
2. Online Trademark Registration
Trademark applications are processed by the Directorate General of Intellectual Property (DJKI) through its online filing system.
Applicants generally need to:
- Create an account on the DJKI online portal.
- Complete the application form.
- Upload the required documents.
- Pay the applicable government filing fees.
Trademark registration typically takes approximately six months, although the actual timeline may vary depending on the examination process.
3. Goods and Services Classification System
Every trademark application must specify the appropriate classes of goods or services based on the Nice Classification, the internationally recognized trademark classification system.
Selecting the correct class is critical because trademark protection only applies to the goods or services listed in the application.
Applicants can identify the appropriate class using the classification tools provided by the DJKI.
4. Madrid Protocol System
Businesses seeking trademark protection outside Indonesia may use the Madrid Protocol, an international trademark registration system administered by the World Intellectual Property Organization (WIPO).
To use this system, applicants must first have a trademark application or registration in their home country, such as Indonesia.
Once accepted, the application can be submitted through WIPO to request trademark protection in multiple member countries using a single international application.
The Madrid Protocol simplifies international trademark protection for businesses planning to expand into global markets.
5. Government Filing Fee (PNBP) System
Trademark registration requires payment of official government fees, known in Indonesia as Non-Tax State Revenue (PNBP).
At the time of writing, the official fees are:
- IDR 500,000 per class for eligible micro and small enterprises (MSMEs).
- IDR 1,800,000 per class for general applicants.
These fees are paid directly to the Indonesian government through the official billing system.
Eight Steps to Register a Trademark in Indonesia
Obtaining a trademark registration certificate involves several stages.
1. Conduct a Trademark Search
Before filing an application, perform a trademark search to determine whether identical or confusingly similar trademarks have already been registered.
2. Choose the Correct Trademark Class
Identify the appropriate goods or services class under the Nice Classification that best matches your business activities.
3. Prepare the Required Documents
Applicants should prepare supporting documents, including:
- Trademark logo or label
- Applicant identification
- Ownership declaration (where applicable)
- Goods and services information
- Power of attorney (if filing through an IP consultant)
4. Submit the Trademark Application
After completing the required documentation, submit the application electronically through the DJKI online filing system.
5. Administrative Examination
DJKI reviews the application to ensure that all required documents and formal requirements have been satisfied.
Applicants should monitor the application status throughout this stage.
6. Publication
If the administrative review is successful, the trademark application is published in the Official Trademark Gazette, allowing third parties to file objections if necessary.
7. Substantive Examination
Following the publication period, DJKI conducts a substantive examination to determine whether the trademark satisfies all legal requirements for registration.
8. Trademark Certificate Issuance
If the application is approved, DJKI issues an official Trademark Registration Certificate, which serves as legal proof of trademark ownership and exclusive rights in Indonesia.
Frequently Asked Questions
Does the color of my trademark logo affect registration?
Yes. The color of your logo can affect the scope of legal protection.
A trademark registered in black and white generally provides broader protection because it is not limited to a specific color scheme.
Conversely, registering a colored logo typically protects the mark as it appears with that particular color combination.
Can a registered trademark be used as collateral?
Yes.
Under Indonesian law, a registered trademark may qualify as an intangible asset that can potentially be used as collateral through a fiduciary security arrangement, provided it has economic value and satisfies the applicable legal and valuation requirements.
Must a registered trademark actually be used?
Yes.
A registered trademark should be used in commerce. If it remains unused for three consecutive years from the registration date or the last commercial use, it may become vulnerable to cancellation under Indonesian trademark law.
This rule helps prevent trademark hoarding and ensures that registered trademarks remain available for legitimate business use.
Register Your Trademark and Secure Exclusive Rights
Registering your trademark is one of the most important steps you can take to secure exclusive legal rights to your brand and protect your business from future disputes.
If you find Indonesia’s trademark registration process complicated, Jasa Merek can help.
Our experienced trademark professionals assist clients throughout the entire registration process—from conducting comprehensive trademark searches and preparing the required documents to submitting applications accurately and monitoring the process until your Trademark Registration Certificate is issued.
Protect your brand with confidence and secure the legal rights your business deserves.
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