Trademark registration in Indonesia

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info@vietanlaw.vn

The trademark as a characteristic symbol, is not only a mark of distinction but also the embodiment of creativity and value. In today’s competitive business environment, the process of registering trademarks in well-known countries such as Indonesia has become an important procedure, helping businesses protect their reputation and intellectual property privileges. Indonesia is a country with a growing economy and an increasingly important position in the regional economic community, which is a favorable location for international businesses. The trademark registration procedure here is not only a legal procedure but also an opportunity for businesses to express their identity and uniqueness, develop their brands. This article Viet An Law Firm will guide customers about the details of trademark registration procedures in Indonesia.

Legal basis

Indonesian Law No. 20 of 2016 on Trademarks and Geographical Indications

Conditions for trademark registration in Indonesia

According to the regulations of the Indonesian Intellectual Property Office, a trademark must meet the following conditions:

Exclusivity: A trademark must be able to distinguish the trademark owner’s goods or services from those of others.
Non-identical or confusingly similar: A trademark must not be identical or confusingly similar to a registered trademark or trademark being lawfully used in Singapore.
In accordance with legal provisions: A trademark must not include elements prohibited from registering a trademark, such as the national flag, coat of arms, symbols of the state, signs of international organizations,…

Types of trademarks that can be registered in Indonesia:

Word trademark: A word trademark is a trademark made up of letters, numbers, or other characters.
Image mark: A picture trademark is a trademark made up of images, logos, or other signs.
Incorporated trademark: A combined trademark is a trademark that includes both words and images.
Holographic brand: A three-dimensional trademark is a trademark made up of three-dimensional shapes.

Trademark registration documents in Indonesia

A trademark registration dossier in Indonesia includes the following documents:

Trademark Application Form: The trademark application form can be downloaded from the website of the Indonesian Intellectual Property Office (DGIP).
Authorization form: If you file a trademark application through a representative, you need to provide an authorization form.
Proof of trademark use: If you have used your trademark in Indonesia, you will need to provide proof of trademark use. Evidence of use may include invoices, contracts, or photographs of the trademark being used.
Trademark registration fee: The trademark registration fee depends on the number of layers of goods or services protected.

Trademark filing process in Indonesia

Trademark Lookup: Perform a trademark search through DGIP’s database to ensure that the trademark you choose is not registered. Customers can search directly through the following address: https://www.dgip.go.id/
Prepare documents: Complete the trademark application form and other required documents. Please refer to the application form via the address below https://www.dgip.go.id/menu-utama/merek/formulir-dan-format-surat
Apply: Apply online or in person at a DGIP office. To file for trademark protection in Indonesia, customers can apply by the following filing methods:
Direct submission: You can go directly to the office of the Indonesian Intellectual Property Office at Jalan H.R. Rasuna Said, Kav. 8-9 Jakarta Selatan 12940 for filing application and related documents.
By Post: You can send your application and all required documents via postal service or courier service to the address of the Indonesian Intellectual Property Office.
Submit online via website: https://merek.dgip.go.id/ When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the Indonesian Intellectual Property Office. You can refer to how to submit via https://www.dgip.go.id/menu-utama/merek/syarat-prosedur address
Due Diligence: DGIP will review your application to ensure compliance with legal requirements.
Post a gazette and objection: If the application passes the review, your trademark will be published in the Trademark Journal within 3 months for potential objections. Anyone with a legitimate interest can file an objection.
Grant of protection certificate: If no objection is filed or all objections are resolved, your trademark will be registered and you will be granted a protection certificate.

Trademark registration fees in Singapore

Type of procedure	Application Fee (RP)
Filing dossiers for trademark registration (for each group of goods and/or services) until the grant of protection certificates	– For SMEs: RP500,000 – For general enterprises: RP1,800,000

Note: – The above fee only applies to online submission method – To apply for the SME offer, you need to apply for a fee reduction with your SME certificate

Validity of protection titles in Indonesia

The validity of a trademark protection title in Indonesia is 10 years from the date of submission of the application. A protection title may be renewed several times, 10 years each, as long as the trademark owner submits the renewal application and the associated fees before the protection title expires. To renew a trademark protection title in Indonesia, the trademark owner needs to apply for renewal at least 6 months before the expiry date of the patent. The renewal form should include the following information:

Name and address of the trademark owner;
Number of protection titles;
List of protected goods or services;
Renewal fees.

Procedure	Fees (RP) (for each group of goods/services)
Procedure	Small and medium-sized businesses	Large enterprises
Before and for 6 months before the validity of the protection title	1,000,000	2,250,000
Up to 6 months after the validity of the protection title	2,000,000	4,500,000

Trademark registration service in Indonesia of Viet An Law Firm

Perform the search and notify customers in writing the results of trademark search in Indonesia;
Prepare the dossier and directly file and monitor the status of the trademark application filing in Indonesia on behalf of the trademark owner;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Indonesia;
Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Indonesia.
Receive dispatches, certificates and hand over to customers (if any).

If customer need to file a trademark application in Indonesia, please contact Viet An Law Firm for the most effective support.

Viet An

Law Firm

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Add: 3rd Floor, Hoang Ngan Plaza Building, 125 Hoang Ngan,
Trung Hoa, Cau Giay
(84) 24 66 64 06 06 (Ext: 21) – Fax: (84) 24 66 64 05 05
Mobile: (84) 9 61 37 18 18
Email: info@vietanlaw.vn

Ho Chi Minh city office:

Add: Room 04.68 vs 04.70, 4th Floor, River Gate Residence, 151 – 155 Ben Van Don Street, District 4, HCM, Viet Nam
Phone: (+84) 28 36 36 29 65‬ – Fax: (+84) 28 36 36 29 75‬
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Email: info@vietanlaw.vn

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