Registering a trademark in Indonesia brings many advantages for your business. You also gain exclusive rights to your business logos, branding, and symbols. Know more details about the trademark below!
Table of Contents
Definition of a Trademark
A trademark is defined as a brand that is used on goods traded by some people collectively agreed or legal entity to distinguish other similar goods. In addition, the examples of trademarks in Indonesia for products are Apple, Samsung, SONY, NOKIA, Sosro, LG, and so on.
A trademark differentiates one from others through symbols, colors, designs, words, and graphics that identify a business. Protecting trademarks is an asset in leading to greater customer satisfaction and higher sales.
In addition, by registering a trademark in Indonesia, the owner’s rights are protected and can file legal action against unauthorized use of the trademark.
Regulation of a Trademark in Indonesia
Indonesian government issues some rules to regulate the trademark in Indonesia, as follows:
- Law Number 20 of 2016 (Trademark and Geographical Indication Law).
- Ministerial Regulations of Law and Human Rights Number 67 of 2016 regarding Trademark Registration.
Benefits of Registering a Trademark in Indonesia
By registering your trademark, you will gain some advantages for companies, namely:
- The exclusive law protection for owners of intellectual property rights.
A registered trademark definitely is protected from unauthorized use of the trademark. Then, the owner of rights can file legal action against claims of infringement by other parties.
- First to file.
In accordance with Indonesian Trademark Law No. 20 of 2016, the government applies the “first to file’ method which means the first legal person, firm or legal entity that files for a particular trademark in Indonesia gains the priority for its use.
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- Avoid loss due to unauthorized use of a trademark.
Due to an unregistered trademark, anybody can use the trademark. This definitely gives disadvantages, even the loss for your business as anybody can easily duplicate the trademark so that customers can’t distinguish it from other similar brands.
- Increase profit
The registered trademark boasts added value in the eyes of their customers due to the product having differentiation from other similar brands. In addition, the company can use this trademark to approach their brand closer to their prospects.
- Enhance competitiveness in business
A trademark that is already registered cannot be duplicated by anybody or a legal entity without authorized use of the trademark.
Requirements of Registering a Trademark in Indonesia
To register a trademark, there are some requirements to follow for the person and legal entity.
- A trademark for a legal entity requires the documents as follows:
- A deed of company establishment.
- Scan / photocopy personal identity and Tax Payer Number (Nomor Pokok Wajib Pajak) of president director.
- The description of business name, business field, and name of a trademark that will be registered.
- Logo of trademark (if any) with the size of trademark label min. 2×2 cm and max 9×9 cm in the form of JPG.
- Other related documents.
- A trademark for the person requires the documents as follows:
- Scan/photocopy Indonesian ID (KTP) of the applicant (Indonesian citizen).
- Scan / photocopy KITAS / KITAP of applicant (foreigner or expatriate).
- The description of business name, business field, and name of a trademark that will be registered.
- Logo of trademark (if any) with the size of trademark label min. 2×2 cm and max 9×9 cm in the form of JPG.
- Other related documents.
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How to Register a Trademark in Indonesia
The following is a procedure to register a trademark in Indonesia:
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Brand Checking
This first step is to check whether the trademark is already registered or not.
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Filling in the Application Form
If the trademark is not registered yet, next register through https://merek.dgip.go.id/. Then, fill in the form that contains:
You should translate the meaning of the trademark into Bahasa if the trademark in English.
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Formality Examination
If the application is accepted, the Directorate General of Intellectual Property Rights (DGIP) conducts a formality examination. Then, if the application meets the requirements, the announcement of the application in the official Trademark gazette will be published for 2 months. This is to see whether there will be any opposition from parties.
If there is any opposition, the applicant can issue a counter statement to reject the opposition. On the other hand, if there is no opposition, the applicant can continue the process to the next steps.
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Substantive Examination
Next, conduct a substantive examination for 30 days. If the examiner in the substantive examination decides that the application can be registered, DGIP will register the trademark and let the applicant or representative know about the trademark registration.
Trademark certificates will be issued and given to the applicant or representative after being registered. Last, DGIP will also announce trademark registration in the official Trademark gazette.
In conclusion, trademark registration is important to protect your business in the future. If you need help registering a trademark, SAM Consulting with a professional team is ready to help any time. Furthermore, SAM Consulting has a 10 years proven track record of handling international clients.
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