Registering a trademark in Indonesia is regulated by Law No. 15 of 2001 (Trademark Act) under the Directorate General of Intellectual Property Rights (DGIP). The Indonesian government recently amended the Trademark Act and passed the New Trademark and Geographical Indication Law (Law No. 20 of 2016) on 27th October 2016. The new law will provide protection to broader types of trademarks as well as streamline the process for trademark owners to obtain registration in Indonesia.

According to the Trademark Law, a ‘trademark’ is defined as a sign in the form of words, numbers, letters, colours, figures, composition, symbols or a combination of the aforementioned that is used to distinguish goods or services produced by the person or legal entity.

The application workflow based on the New Trademark Law is as follows:

Application

• Formality check within 15 working days;
• The application needs to be made in writing in the Indonesian language;
• Complete name, address and nationality of the applicant;
• Description and explanation of the design and colours of the trademark;
• Payment of fees to the Directorate General;
• Minimum requirements to obtain filling date.

Substantive Examination

• If there is no opposition within the publication period, the application will enter an examination stage for 150 working days. The DGIP allows for outsourcing for examinations to experts if necessary. If any opposition occurs, the application will be examined simultaneously;
• The substantive examination is conducted by an examiner who is appointed by the Minister of Law and Human Rights;
• The substantive examination lasts no longer than 9 (nine) months;
• For an application containing elements that can mislead as to the type, quality, intended use of the goods/service, or is already trademark protected; the application is deemed as not registrable;
• If the description of the goods/service is not in-line with the quality or efficacy of the goods/service, the application is not registrable.

Certification

• If the application passes the examination, the DGIP will issue a certificate of registration and publish the trademark in the official Trademark Gazette;
• During the period of publication, any person or legal entity may submit a written objection to the Directorate General;
• In the case of a rebuttal of a trademark, a re-examination period of 2 (two) months shall be imposed and an investigation is conducted.

Law No. 20 of 2016 introduces new forms of trademarks that can be protected under the law. This includes:

• 3-dimensional forms;
• Sound;
• Holograms.

International Trademark Registration

Law No. 20 of 2016 provides provisions for the registration of international trademarks.  This will provide for international filing based on the Madrid Protocol – an international treaty that allows the trademark owner to seek registration in any country that has joined the Madrid Protocol.

Infringement of Trademark Law

Trademark infringements will now be fined at the rate of 2 billion IDR. If the infringement results in damage to human health, the environment, or death, a 5 billion IDR fine will be imposed.

Global Business Guide Indonesia - 2017

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Indonesia Snapshot

Capital: Jakarta
Population: 259 million (2016)
Currency: Indonesian Rupiah
Nominal GDP: $936 billion USD (IMF, 2016)
GDP Per Capita: $3,620 USD at Current Prices (IMF, 2016)
GDP Growth: 5.0% (2016)
External Debt: 36.80% of GDP (BI, Q2 2016)
Ease of Doing Business: 91/190 (WB, 2017)
Corruption Index: 90/176 (TI, 2016)

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