Practice Areas

Trademark & Service Mark Registration Procedure in Indonesia

Indonesia adopts the first-to-file principle, whereby exclusive rights over a trademark or service mark are acquired through registration with the Directorate General of Intellectual Property (DGIP). The registration of trademarks and service marks is primarily governed by Law No. 20 of 2016 on Trademarks and Geographical Indications, as amended, together with its implementing regulations.

Registering a trademark grants the owner the exclusive right to use the mark in relation to the registered goods and/or services and to prevent unauthorized use by third parties.

Our firm provides end-to-end assistance throughout the trademark registration process, from pre-filing clearance searches to registration, portfolio management, renewals, and enforcement.

Registration Procedure

1. Trademark Clearance Search (Recommended)

Although not mandatory, a trademark availability search is strongly recommended prior to filing. A clearance search helps identify potentially conflicting earlier trademarks and enables applicants to assess the likelihood of successful registration.

2. Filing of Application

The application is filed electronically with the Directorate General of Intellectual Property (DGIP). The application should include:

• Applicant's name and address;
• A clear representation of the trademark;
• Specification of the goods and/or services under the appropriate Nice Classification;
• Priority documents (if claiming priority); and
• Power of Attorney, where the application is filed through a registered IP consultant.

Once all filing requirements are fulfilled and the official fees are paid, the DGIP assigns a filing date and application number.

3. Formality Examination

The DGIP examines whether the application satisfies the administrative and formal requirements. Where necessary, the applicant may be requested to remedy any deficiencies within the prescribed period.

4. Publication (2 Months)

Upon passing the formality examination, the application is published in the Official Trademark Gazette for two (2) months. During this publication period, any interested third party may file an opposition against the application on the grounds provided under the Trademark Law.

5. Substantive Examination (Maximum 150 Working Days)

Following the expiry of the publication period, the application proceeds to substantive examination. The DGIP examines whether the trademark complies with the legal requirements for registration, including whether it:

• possesses sufficient distinctiveness;
• is not descriptive or misleading;
• is not contrary to law, morality, religion, or public order; and
• does not conflict with earlier registered or pending trademarks or other protected rights.

Under the Trademark Law, the substantive examination is conducted within a maximum of 150 working days from the end of the publication period.

6. Registration and Issuance of Certificate

If the application satisfies all legal requirements, the DGIP registers the trademark and issues an electronic Certificate of Trademark Registration. The registered owner obtains the exclusive right to use the trademark in Indonesia for the registered goods and/or services.

Term of Protection

A registered trademark is protected for ten (10) years from the filing date and may be renewed indefinitely for successive ten-year periods.

Estimated Timeframe

Based on the statutory examination process and current administrative practice at the Directorate General of Intellectual Property (DGIP), a straightforward trademark application that proceeds without opposition, office actions, or other procedural delays generally takes around 1.5 years from the filing date to registration and the issuance of the Certificate of Trademark Registration. However, the overall timeframe may vary depending on the complexity of the examination process, any objections or oppositions raised during the registration process, and the DGIP's administrative workload.

Our Services

We advise and represent domestic and international clients in all aspects of trademark protection in Indonesia, including:

• Trademark clearance searches;
• Filing and prosecution of trademark and service mark applications;
• Multi-class applications;
• Responses to office actions;
• Opposition and cancellation proceedings;
• Trademark renewals;
• Recordals of assignment, merger, change of name, and licence; and
• Trademark portfolio management and enforcement strategies.

• Power of Attorney (simply signed);
• Priority Document (if claimed);
• A trademark label in JPG format, with a file size not exceeding 2 MB;
• Specific list of goods or services.

The documents necessary for filing a renewal trademark/servicemark application are as follows:

• Power of Attorney (simply signed);
• Statement of Use of Mark (simply signed).