Trademark Registration
Trademark Registration Services in Indonesia
Trademark registration in Indonesia helps protect the owner’s right and file legal action against unauthorized use of this trademark.
A trademark is defined broadly as anything that distinguishes a person, firm, or legal entity. Because it is considered intellectual property (IP), the Directorate General of Intellectual Property (DGIP) is the primary authority body responsible for approving trademark applications.
Indonesia is a member of the World Intellectual Property Organization (WIPO), which protects intellectual property rights globally.
Piracy is common in Indonesia, and even well-known global brands are not immune to trademark infringement. Because obtaining a trademark certificate can take several months, if not more than a year, it is critical to register your trademark as soon as possible, especially in Indonesia, where a “first-come-first-served” basis is applied.
A. Registering a Trademark in Indonesia: Dos and Don’ts
To ensure the success of your trademark registration, here are the dos and don’ts you can follow.
Dos:
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- Research first before proceeding to trademark registration
- Look for professional assistance from your trademark research
- Fill out the trademark registration form in detail and correctly
- Hire a certified professional translator for accurate translation of registration documents
- Ensure the trademark you register must be the same all the way
Don’ts:
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- Wait until the last minute to have your trademark registered
- Conduct poor research that leads to improper use of other businesses’ trademark
- Be budget-conscious unreasonably as trademark registration may be costly but worth it
B. How can You Identify a Trademark?
Identifying a trademark on either goods or services is relatively simple. A trademark is usually displayed if you see a distinctive symbol, logo, or name. Even though no particular character or word is required for a trademark, standard trademark designations include ® and ™.
C. Trademark Registration Process in Indonesia
To complete the registration process of a trademark in Indonesia, follow the following steps:
- FIND AN INTELLECTUAL PROPERTY RIGHT CONSULTANT
Foreign applicants must submit a signed Power of Attorney and Declaration of Entitlement to a local consultant to register a trademark.. - CONDUCT RESEARCH TO ENSURE COMPLIANCE WITH TRADEMARK REGULATIONS
Ensure that your trademark does not share any essential features with an already registered trademark and does not, for example, contradict moral, religious, or public order. - CHECK ALL REQUIREMENTS AND SUBMIT YOUR APPLICATION
The authority will conduct a trademark registration procedure that includes a formal examination, substantive review, and an announcement.WIPO Indonesia will add your trademark to their list if your application is approved. The application process, from submission to approval or rejection, takes between 12 and 24 months. Your brand will be valid for ten years and can be renewed anytime.
D. Registering a trademark in Indonesia: The Importance and Benefits
Since piracy is expected in the country, patenting your goods and services with a trademark is the best decision you can make for your company. It is critical to register your trademark with authority for the following reasons:
YOU WILL HAVE EXCLUSIVE RIGHT AND ADVANTAGE AT THE COURT
If you discover that someone or a company is using your trademark without your permission, you can sue them in court.
A trademark certificate verifies that you are the legitimate owner of the trademark used by others. Trademark registration will safeguard your brand against infringement.
YOU WILL ADD VALUE TO YOUR BUSINESS
Because a registered trademark is intellectual property, it is a valuable tradable commodity. You have the option to sell, license, or franchise it.
YOU WILL STAND OUT AMONG COMPETITORS
A trademark also serves as your company’s brand. Potential customers can quickly identify your company among competitors.
Your trademark identifies your company, its products or services, and the value you represent. A trademark is typically used in branding and marketing strategies.
YOU CAN TAKE DOWN INFRINGEMENT IMMEDIATELY
Online infringement is easily and quickly detected. In an online breach, you can request that the website owner remove your trademark if you have proof that you have registered your trademark.
E. Trademark Registration in Indonesia with Abisnis
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- Intellectual Property Right Consultant
Foreign applicants for a trademark must file their application through a local IP consultant with a signed Power of Attorney and Declaration of Entitlement, such as Abisnis. - Trademark Market Research
Abisnis will ensure that another entity has not already registered the trademark you wish to report and that it complies with the Trademark Act and religious and public values in Indonesia. - Certified Translation
Abisnis will translate all requested documents and ensure that the application is understandable to native Indonesians because you must submit your trademark application in Indonesian. - Trademark Application in Indonesia
Your trademark registration is complete once you have completed your research, found an IP Consultant, and translated all the documents. Alternatively, you can contact Abisnis, and we will prepare and submit the application on your behalf.
- Intellectual Property Right Consultant
Fill in the form below and get the updated information on trademark registration in Indonesia.
Our legal teams are available offline as well. Visit us in our offices in Jakarta, Semarang, and Bali, and we will be happy to answer your questions.
- File PKPU: it can be either self-filing or filing by the creditor.
- For self-filing: wait for a court decision within three days and go through the PKPU process (max. 270 days). If approved, an accord will be issued. If rejected, you will be declared bankrupt and arrange a meeting with creditors (see Procedure for Bankruptcy Filing – step 3).
- For filing by creditors: issue a summons letter to the debtor within seven days before the day of the trial, wait for a court decision within 20 days and go through the PKPU process (max. 270 days). If approved, an accord will be issued. If rejected, you will be declared bankrupt and arrange a meeting with creditors (see Procedure for Bankruptcy Filing – step 3).