Trademarks in Indonesia

Competent Authority

Trademark registration in Indonesia is administered by the Directorate General of Intellectual Property (DGJIs / Direktorat Jenderal Kekayaan Intelektual - DJKI), which operates under the Ministry of Law. The official working language is Indonesian, and the system is national.

International Agreements

Indonesia is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. Indonesia is also a contracting party to the Madrid Protocol, allowing international registrations to designate Indonesia.

Who May Apply

Natural persons and legal entities engaging in commercial or industrial activities may apply. Foreign applicants not domiciled in Indonesia are legally required to appoint a registered local intellectual property consultant (Kuasa Hukum) and provide a local address for service. A signed Power of Attorney (POA) is required at the time of filing.

Online Filing and Search

Electronic filings and public database searches are fully supported through DJKI’s official digital portal (`merek.dgip.go.id` and `pdki-indonesia.dgip.go.id`). Preliminary availability searches of the national register can be conducted online free of charge.

Registrable Sign Types

Trademarks may consist of words, names, letters, numerals, figurative elements, 3D shapes, colors, or combinations thereof capable of distinguishing goods or services. Non-Indonesian words or foreign characters require accurate translation and transliteration details.

Classification

Indonesia follows the international Nice Classification system (Classes 1–34 for goods and Classes 35–45 for services). Multi-class applications are permitted, though separate class-based official fee calculations apply.

Examination

DJKI conducts a formal administrative examination for completeness, followed by a substantive examination covering absolute grounds (such as distinctiveness) and relative grounds (conflicts with prior rights or bad-faith filings). Applicants generally have 30 days to respond in writing to any provisional refusal or examiner objection.

Publication and Opposition

Applications that clear the initial administrative review are published in the Official Trademark Gazette for a statutory opposition window of 2 months, during which third parties may file formal objections.

Timelines

An unopposed standard trademark application typically takes between 8 to 12 months from initial electronic filing to final registration certificate issuance, depending on registry workload.

Official Fees

Official state fees (PNBP) are denominated in Indonesian Rupiah (IDR / Rp) and vary based on applicant status (general applicants versus certified MSMEs):

• General standard application fee: Rp 1,800,000 per class
• Certified MSME application fee: Rp 500,000 per class (subject to verified micro/small enterprise credentials)
• General renewal fee: Rp 2,000,000 per class

Protection Duration and Renewal

Trademark protection is valid for 10 years starting from the official application filing date. Registrations can be renewed for successive 10-year periods. Renewal requests must be filed within the final 6 months before expiration, or up to 6 months thereafter subject to late surcharges.

Use Requirements

A registered trademark is vulnerable to non-use cancellation actions if it has not been put to genuine commercial use in Indonesia for a continuous period of 5 consecutive years. Indonesia operates fundamentally on a first-to-file priority framework.

Post-Registration Procedures

Post-registration modifications—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with DJKI. Notably, license agreements recorded internationally via WIPO must also be independently recorded directly with DJKI to achieve full legal effect under Indonesian practice.

Legal Remedies

Legal remedies include invalidation actions before the Commercial Court (particularly for bad-faith registrations, where standard time limits may not apply), non-use cancellation lawsuits, civil infringement litigation seeking damages and injunctions, and border enforcement mechanisms via customs recordals.

Country-Specific Risks and Practical Notes

Because "bad-faith trademark squatting" remains a prominent risk where local distributors or third parties register foreign brands prematurely, brand owners should execute comprehensive clearance searches across local variations and secure early filings before entering the market.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.