Trademark

A trademark is a legally protected symbol or sign that distinguishes and identifies a brand’s products or services. The sign in a trademark can be a word, phrase, logo, symbol, design, or combination thereof.

A strong trademark not only sets products or services apart but also ensures that consumers can make informed choices, associating quality and reliability with a specific brand.
 

Types of Trademarks

Indonesia recognises various types of trademarks, including word marks, design marks, combined marks (word and design elements), and three-dimensional marks. Sound and scent marks are also considered, although they are relatively rare and subject to specific requirements.

Trademark Registration Process in Indonesia

To secure legal protection for a trademark in Indonesia, it must be registered with the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights. The registration process involves several key steps:

Trademark Search: Conduct a thorough search to ensure the desired trademark is available and not already registered by another entity.

Application Submission: Submit a trademark application to the DGIP, including details about the mark, its intended use, and the specific goods or services it will cover.

Examination: The DGIP examines the application for compliance with legal requirements, including distinctiveness and non-conflict with existing trademarks.

Publication: If the application meets all requirements, it is published in the Official Trademark Gazette for opposition purposes. Third parties have the opportunity to oppose the registration within a set timeframe.

Registration: Upon successfully completing the examination and any opposition proceedings, the trademark is registered, and the owner gains exclusive rights to use it for the registered goods or services.

Protection and Enforcement of Trademarks

Registered trademarks in Indonesia grant their owners exclusive rights to use the mark for the specified goods or services. These rights enable trademark owners to take legal action against any unauthorised use or infringement of their mark. Enforcement can involve cease-and-desist letters, litigation, and claims for damages in cases of infringement.

Duration and Renewal

Trademark protection in Indonesia lasts for ten years from the date of registration and can be renewed indefinitely, provided that the mark continues to be actively used in commerce. Renewal applications should be submitted before the expiration of each ten years.