This post is also available in: Indonesia (Indonesian)
A Straightforward Application but With Advice of Local IP Expert
No matter how unique your brand or product is, it all boils down to protecting that unique identity. If you fail to provide protection, anyone can copy it and register it as theirs. They should have the rights to an intellectual property even if they took it without your consent. Hence, it is essential to understand the need to register your company’s trademark, product or brand. Besides, it will be an added value to the brand. Once registered, the trademark of your product, brand or company will be yours to own. There could be a renewal period for a trademark, but that should not pose a problem if you consider the long term benefit of registering a trademark. If you desire to know more, let’s find out about trademark registration guidelines in Indonesia.
The Starting Point
First thing first, do you have an original product or improved product with unique benefits? If you do, let’s get that branded. Branded here means that you could develop a logo design, overall brand design for your company or the product. When a product has a brand or a company has a name and logo, it is more likely to recognise it. The relationship between a product and a brand is rather intimate and personal. A product could be the solution, but the brand connects the user to the product. Hence, the more authentic these two features, the higher the chances people can relate and be loyal. So, before you could even begin registering for a trademark, be sure to have already it designed exclusively for the product, brand or company.
Now that your company or brand have a distinct identity let’s get it registered as a trademark. This way, that brand of yours will be yours legally. You have the right to sue anyone else trying to copy or misrepresent the trademark. Trademark registration in Indonesia falls within the Trademark Act No. 15, v2001 under the Directorate General of Intellectual Property Rights (DGIP). Here comes the exciting part of this trademark registration guideline in Indonesia. Whether you are a local business owner or a foreign company owner, you will need an Intellectual Property Rights Consultant to become your proxy. Foreign applicants will need to process trademark registration through the local IP consultant with a signed Power of Attorney. We have experts in this field should you need to register your trademark in Indonesia.
Step by Step
The process begins with a Pre-filing Indonesia trademark search. This step is crucial as it ensures your intended trademark is not similar to registered trademarks, not in conflict with religious or public moral values, and comply accordingly. Next is to file the application to the DGIP. Then, there will be three apprehensive process levels to wait and hope the trademark gets the green light from the DGIP. While multiple classes are available for trademark registration in Indonesia, there could be a possibility of delay as examiners will scrutinise each filing meticulously. The second step after filing is a formality review where examiners will ensure all the filing sections are complete and in compliance. The substantive review follows where examiners will review thoroughly against their database. After that, your trademark will be published in the Trademarks Official Journal for three months. During these three months, anyone can oppose and object your trademark. Thus, cross your fingers and hope for the best. After this period ends and there is no opposition, the DGIP will accept and register your trademark.
Your registered trademark is good for use for ten years from the date of first filing. It is renewable every ten years for unlimited times. If by any chance you did not get to use the registered trademark for three consecutive years, a third party may request to cancel your trademark.