The sources of Trademark law in Indonesia are widely dispersed among a number of national laws and regulations, presidential decrees and ministerial decrees. The main sources of Trademark law in Indonesia are:
Definition of Trademark Registration
According to Law Number 20 Year 2016 concerning Trademark and Geographical Indication, “a trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or combination of 2 (two) or more of such elements to distinguish goods and/or services produced by person or legal entity in the trading activity of goods and/or services”.
In order to obtain an exclusive right of trademark, an applicant is required to file an application. As for, according to Law No. 20/2016, such an application is filed to the Minister of Law and Human Rights i.e. Directorate General of Intellectual Property under Ministry of Law and Human Rights.
Please find below our general information regarding Trademark Registration in Indonesia, as follows:
It is highly recommended to conduct Trademark search of the Trademark Class Classification which is intended to be registered in the first place. The purpose of this Trademark search is to minimize the possibility of any refusal of the concerned Trademark registration process. Please be advised that our Trademark search is an online unofficial search.
An applicant that originates the contracting state of Agreement Establishing the World Trade Organization or Paris Convention for the Protection of Industrial Property could file a trademark registration with priority right to the DGIP within at the latest 6 (six) months since the reception date of registration which firstly received in other contracting state.
Nevertheless, foreign businesses who register their trademark through the international route still need legal assistance for a comprehensive understanding of the legalities of running a business in Indonesia.
Simbolon and Partners Law firm is as one of Leading Indonesian Corporate Legal Services and IPR consulting in Indonesia. Simbolon and Partners Lawfirm have extensive experience in corporate and commercial law, investment law, intellectual property law and versatile legal matter. We assist foreign investors or companies in registering their trademark pursuant to the prevailing laws and regulations in Indonesia. Our knowledge, experience, and connections will help you to protect your trademark registration and prevents any future disputes or infringement.