TRADEMARK APPLICATION FILING IN
Indonesia

In Indonesia, the Directorate General of Intellectual Property (DGIP) under the Ministry of Law is the main authority responsible for all matters related to intellectual property. DGIP not only shapes national IP policy but also provides legal protection, handles enforcement and dispute resolution, and oversees the overall management of intellectual property rights across the country.

Indonesia follows a “first-to-file” system for trademark registration, which means that trademark rights go to whoever files first. All trademark applications must comply with the provisions of Trademark Law No. 20 of 2016.

The trademark registration before the Directorate General of Intellectual Property (DGIP) of the Ministry of Law can either be filed through the online portal or via offline mode. 

Multi-class applications are allowed by the Directorate General of Intellectual Property (DGIP) of the Ministry of Law.

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*A scanned copy of the POA is to be submitted;

• Colored Scanned Priority Document*;

*If priority is being claimed, a colored scanned copy of the Priority Document must be submitted within three months of the filing.

The process of registering a trademark in Indonesia begins with the submission of the application before the Directorate General of Intellectual Property (DGIP), Ministry of Law. Once the TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the DGIP will notify the applicant and provide a 30-day time period to reply to the issued office action/examination report. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Official Gazette of Indonesia initiating a two-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings commence when the opponent files an opposition notice. The applicant will receive the notice, and the DGIP will assess the admissibility. The applicant has to file a counter-reply within two months. The DGIP will then make a decision on whether to accept or reject the application. The decision is further appealable to the Ministry of Law and Human Rights within thirty days of the decision.

A trademark registration in Indonesia is valid for a period of ten years. The trademark must be renewed before the end of six months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date by paying the required surcharge.

A registered trademark must be actively used within three years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Indonesia takes around twelve months in straightforward cases.

According to WIPO's 2023 statistics data, Indonesia ranks 7th in Asia and 1st in Southeast Asia for trademark filings. The country saw a 10% overall increase in filings with residential and international filings rising by 9.5% and 31.7%, respectively. Growing economies like China, Singapore, and Malaysia also frequently register trademarks in Indonesia. Additionally, the 2024 Global Innovation Index places Indonesia 8th among 34 upper-middle-income group economies.