As entrepreneurs or business owners, we tend to forget about one small thing when the business is fast growing. If your business is growing and your brand is becoming well-known in the market, it is essential that you register a trademark, whether you are selling a service or a product.
Therefore, companies that want to maximize the Indonesian market have to trademark their goods and brands to guarantee the protection of their company’s interests.
Want to know more about register a trademark in Indonesia? Let’s dive deep together.
What is a trademark?
A trademark is a sign that can be graphically displayed in the form of an image, logo, name, word, letter, number, colour arrangement, in two-dimensional and/or three-dimensional form, sound, hologram, or a combination of two or more of these elements, to distinguish goods and/or services produced by individuals or legal entities in the trade of goods and/or services. [Art. 1 Paragraph 1 Trademark Law-2016]
Generally, trademark registration aims to protect names, logos, and symbols that set your company apart from competitors or others.
Read also: Contracts and Agreements in Bali: Legalities
Get professional legal advice for Indonesia
Indonesia’s legal system is complicated, with its many regulations, licences, and special rules for foreigners. Don’t make the mistake of trying to navigate it alone, and get the help of experienced consultants instead.
At ILA, we can help you with intellectual property, corporate law, drafting, reviewing and managing legal documents, navigating commercial transactions and much more.
You’re not alone. Reach out today to schedule a free consultation or read more about our legal service.
What is the benefit of using a Trademark?
The usage of a trademark serves as:
- A method of identification that enables individuals or organizations to differentiate their goods or services from others.
- An effective promotional tool that allows for easy product promotion through the mention of its trademark;
- Ensuring the quality of its goods and clearly indicating the origin of the goods/services produced are important aspects to consider.
What can we gain from a Trademark registration?
There are a few benefits you can gain when you register a trademark, such as the following:
- Providing evidence to establish the rightful owner of a registered trademark;
- Justifying the rejection of a trademark application that is identical or substantially similar to another party’s application for similar goods/services;
- Establishing the grounds for preventing others from using a trademark that is identical or substantially similar to another trademark in circulation for similar goods/services of yours.
- Legal security for registered trademarks lasts for 10 years from the date the application for registration is received, but this trademark protection can be extended.
Who can register a trademark?
According to Indonesian Trademark Law No. 20, 2016, a trademark can be applied to by anyone as long as it complies with the requirements; in short, Indonesian citizens, foreigners, and legal entities can apply for a trademark.
Read also: Your essential guide for your company registration in Bali Indonesia
How do I register a trademark in Indonesia?
Trademarks must be filed with the Directorate General of Intellectual Property Office. Here’s what you need to prepare before submitting for IP registration in Indonesia:
- Logo, name, or picture of your service and products.
- A clear description of goods and/or services is to be registered for each class in accordance with the brand classification.
- Applicant details, such as legal entity details or passport or Indonesian ID card, if it’s a person.
- Application form and account in the Directorate General of Intellectual Property Office.
How Long Does It Take to Register a Trademark in Indonesia?
It will take 15 working days to submit and undergo formality checks. After passing document inspection, a trademark application in Indonesia will go through a substantive examination, which lasts 2 months. After that, the certificate will be issued within 150 working days. Ideally, a trademark certificate will be issued within 8 months. The large number of applications for trademark registration in Indonesia means that implementation can take up to 2 years.
Furthermore, it is crucial to screen and do due diligence on your logo, name, and colour prior to submission to avoid rejection. Last but not least, it is important to understand which classification you fall into.
For more information and assistance on trademark registration, you can book your consultation with ILA.
