The short answer
To register a trademark in Indonesia, file an application with the Directorate General of Intellectual Property (DGIP) under Law No. 20 of 2016 on Marks and Geographical Indications. Applicants who live or are domiciled outside Indonesia must file through a proxy (an intellectual property consultant based in Indonesia). The application is published for 2 months, and substantive examination is completed within 150 days. Protection lasts 10 years from the filing date.
Trademark deadlines in Indonesia at a glance
| Question | Answer for Indonesia |
|---|---|
| How long does a registration last? | 10 years, renewable for the same period (Article 35) |
| Which date does the term count from? | The filing date (Article 35(1)) |
| When can I renew? | In the 6 months before expiry, in Indonesian, with the fee (Article 35(3)) |
| Is there a grace period? | Yes. Renewal is allowed within 6 months after expiry, with a fine equal to the renewal fee (Article 35(4)) |
| What does renewal require? | A declaration that the mark is used on the goods or services in the certificate and that they are still produced or traded (Article 36) |
| Publication | Within 15 days of the filing date, for 2 months (Article 14) |
| Opposition period | During the 2-month publication period, in writing, with a fee, reasons and evidence (Article 16) |
| Rebuttal by the applicant | Not later than 2 months from the mailing date of the opposition |
| Substantive examination | Completed within 150 days (Article 23) |
| Priority period | 6 months from the first filing |
| Non-use revocation | By lawsuit to the Commercial Court after 3 consecutive years without use (Article 74) |
| Assignment | Must be recorded. Unrecorded transfers have no legal effect on third parties (Article 41) |
| Change of name or address | Recorded with the Ministry and published in the Mark Gazette (Article 40) |
| Uncollected certificate | A certificate not collected within 18 months is treated as withdrawn |
Who can apply for a trademark in Indonesia?
Anyone can apply, individually or jointly. One application can cover more than one class of goods or services, as long as the application lists the goods or services in each class (Article 6).
Applicants in Indonesia
File directly
An applicant resident or domiciled in Indonesia files the application itself or through a proxy.
Applicants abroad
Proxy and Indonesian address
An application from an applicant residing or domiciled outside Indonesia must be filed through a proxy, and the applicant must choose the proxy's address as its legal domicile in Indonesia (Article 7).
A proxy is an intellectual property consultant who resides or is permanently domiciled in Indonesia (Article 1). A Paris Convention priority claim must be made within 6 months of the first foreign filing.
Trademark registration in Indonesia: the steps
File the application
- A complete application form, the mark representation and proof of payment of the fee give the application a filing date (Article 13)
- Foreign applicants appoint a proxy and sign a power of attorney
Publication
- DGIP publishes the application in the Mark Gazette no later than 15 days after the filing date
- The publication lasts 2 months (Article 14)
Opposition
- Any party may file a written opposition during the publication period, for a fee, with adequate reasons and evidence (Article 16)
- DGIP sends the applicant a copy within 14 days, and the applicant may file a rebuttal within 2 months of the mailing date (Article 17)
Substantive examination
- Examination starts within 30 days after the end of publication, or after the rebuttal period if there is an opposition
- The examination is completed within 150 days (Article 23)
- If DGIP is minded to refuse, the applicant can respond in writing. If it does not respond, or the response is rejected, the application is refused
Registration
- If the application is accepted, DGIP registers the mark and issues the certificate
- A certificate that is not collected within 18 months is treated as withdrawn
Fees. The Law leaves the amounts to DGIP's fee regulations. Check the current schedule, and add proxy fees.
How long does a registration last, and how does renewal work?
Article 35 gives a registered mark legal protection for 10 years from the filing date, renewable for the same period.
- Renewal is filed in Indonesian, with the fee, in the 6 months before expiry
- A late renewal is allowed within 6 months after expiry, with a fine equal to the renewal fee
- The renewal request needs a declaration that the mark is being used on the goods or services in the certificate, and that they are still produced or traded (Article 36)
Use is part of renewal. Keep proof of use for each class before you renew.
Assignment, licence, and change of name or address
Assignment
Record the transfer
A registered mark can be transferred by inheritance, testament, waqf, grant, agreement or another lawful manner. Ask the Ministry to record the transfer, with supporting documents and a fee. The recorded transfer is published in the Mark Gazette, and an unrecorded transfer has no legal consequence for third parties (Article 41).
Similar marks
Transfer them together
If an owner holds several registered marks that are substantially similar or identical for similar goods or services, the transfer is only allowed if all of them go to the same party (Article 41(2)).
Name or address
Article 40
A change of the owner's name or address is recorded and published in the Mark Gazette, under a Ministerial Regulation.
Licence
Record it
The owner can grant a licence and should record it, because the licensing rules in Articles 42 and 43 depend on recordal.
Use it, or risk revocation
A third party can ask the Commercial Court to revoke a registration if the mark has not been used for 3 consecutive years in trade in the registered goods or services, counted from registration or last use (Article 74). Reasons such as an import embargo or a regulatory restriction on distribution can excuse non-use.
A cancellation suit based on the statutory grounds must be filed within 5 years of the registration date. The owner can also ask for the registration to be deleted.
How to check the status of a trademark in Indonesia
- Search the DGIP's official trademark database, PDKI (pdki-indonesia.dgip.go.id), for the status, owner, classes and expiry date
- Published applications appear in the Mark Gazette, which starts the 2-month opposition period
- Search before you file, because an identical or similar earlier mark in the same class is the most common reason for refusal
Sources used
Law No. 20 of 2016 on Marks and Geographical Indications, English text on WIPO Lex. The English text is an unofficial translation. Article numbers and practice change, so confirm with DGIP or a local consultant before filing.
Trademark registration in Indonesia: common questions
How long is a trademark valid in Indonesia, and from when is it counted?
Ten years from the filing date, renewable for the same period.
When should I renew an Indonesian trademark, and is there a grace period?
Renew in the 6 months before expiry. A late renewal is allowed within 6 months after expiry, with a fine equal to the renewal fee. Renewal needs a declaration of use.
How long is the opposition period in Indonesia?
The 2-month publication period. Any party may oppose in writing during that time, with reasons and evidence, and pay the fee.
How long does trademark registration take in Indonesia?
The Law sets 15 days to publication, 2 months of publication and 150 days for substantive examination. Oppositions, responses and appeals add time.
Can a foreign company register a trademark in Indonesia?
Yes, but it must file through a proxy, meaning an intellectual property consultant resident in Indonesia, and use the proxy's address as its legal domicile.
How do I assign an Indonesian trademark?
Ask the Ministry to record the transfer, with supporting documents and a fee. An unrecorded transfer has no legal effect on third parties.
How do I change the name or address on an Indonesian trademark?
Record the change with the Ministry. It is published in the Mark Gazette.
Can my mark be revoked for non-use in Indonesia?
Yes. A third party can sue in the Commercial Court if the mark has not been used for 3 consecutive years, unless there are valid reasons.
How do I check the status of a trademark in Indonesia?
Use the DGIP's PDKI trademark database and the Mark Gazette.
Can I cover several classes in one application?
Yes, Article 6 allows one application for more than one class.
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