.png?width=500&height=250&name=%E7%9F%A5%E7%9A%84%E8%B2%A1%E7%94%A3%E4%BA%8B%E5%8B%99%E6%89%80%E3%82%A8%E3%83%9C%E3%83%AA%E3%82%AF%E3%82%B9%20(500%20%C3%97%20250%20px).png)
For practitioners handling trademark applications, registration, and enforcement in Indonesia, this guide systematically outlines the legal framework centered on the 2016 Trademarks and Geographical Indications Act (Law No. 20 of 2016), along with key practical considerations regarding application procedures, examination, opposition, cancellation, and enforcement.A patent attorney has compiled a comprehensive overview of trademark practice in Southeast Asia’s largest market—with a population of 270 million—covering everything from DGIP (Indonesian Intellectual Property Office) operations and government fees to designations via the Madrid System, Halal certification trademarks, and geographical indications.
Key Points of This Article
- Indonesia joined the Madrid Protocol in January 2018, leading to significant changes in application strategies for Japanese companies
- The 2016 Law allows for the registration of sound trademarks, 3D trademarks, and hologram trademarks
- Examination System: The sequence—formality examination → publication (with a 2-month opposition period) → substantive examination → registration—differs from that in Japan
- The process from filing to registration typically takes 9 to 18 months. Results via the Madrid System are available in as little as 3 to 6 months
- Foreign applicants must appoint a local agent (IP Consultant) and submit the original Power of Attorney
- Be aware of risks specific to ASEAN’s largest Islamic market, such as halal trademarks and geographical indications (GI)
INDONESIA TRADEMARK
A comprehensive guide to the trademark system and practices in Indonesia, Southeast Asia’s largest market, written by a patent attorney. It systematically explains the process from application to enforcement across 12 sections.
Table of Contents
- Executive Summary
- Basic Structure of the System and Legal Sources
- Eligibility of Applicants and Formal Requirements
- Standard Workflow and Timeline Management
- Estimated Government Fees
- Trademark Requirements and Substantive Examination
- Opposition and Invalidity Proceedings
- Enforcement of Rights and Response to Infringement
- Designation via the Madrid System
- Maintenance, Renewal, and Cancellation
- Practical Risks (Halal, Geographical Indications)
- Practical Checklist for Japanese Companies
1. Executive Summary
The Indonesian trademark system is a "statutory" framework centered on the 2016 Trademark and Geographical Indications Law (UU No. 20 Tahun 2016), with Government Regulations (Peraturan Pemerintah), Ministerial Decrees (Permenkumham), and DGIP guidance working in tandem to regulate applications, examinations, and disputes.
Four Key Points to Keep in Mind for Indonesian Trademark Practice
- There are two application methods: “direct filing” and “filing via the Madrid System” (Indonesia joined in January 2018). The former requires a local agent, while the latter offers simpler procedures but incurs translation costs.
- Government fees are charged per class. The standard fee is Rp1,800,000 (approx. 18,000 yen) per class. Madrid Protocol fees are denominated in CHF (Swiss Francs).
- Key issues in examination include absolute grounds for refusal (distinctiveness, public order and morality, and marks that offend religious sensibilities) and relative grounds for refusal (conflict with prior trademarks). Consideration for Islamic culture and halal labeling is a unique factor
- Enforcement of rights falls under the exclusive jurisdiction of the Commercial Court (Pengadilan Niaga), with the Supreme Court (Mahkamah Agung) serving as the court of last resort. In practice, criminal complaints and customs measures are also effective.
2. Basic Structure of the System and Legal Sources
Key Legislation and Operational Layers
The “primary law” of the Indonesian trademark system is UU No. 20 Tahun 2016 (2016 Trademark and Geographical Indications Law), which defines trademarks (Article 1), sets registration requirements (Articles 20 and 21), application procedures (Article 4 et seq.), opposition (Article 16), cancellation (Article 74 et seq.), and criminal penalties (Article 100 et seq.). Procedural implementation is specified in Government Regulations (PP) and Minister of Law and Human Rights Regulations (Permenkumham), as well as in the DGIP’s operational guidelines referenced by practitioners and examiners.
Role of the DGIP (Directorate General of Intellectual Property)
The DGIP (Directorate General of Intellectual Property), under the Ministry of Law and Human Rights (Kementerian Hukum dan HAM), is designated as the responsible authority for administrative functions such as trademark examination, registration, and information provision. In practice, it establishes the “rules of operation” for the system through the following three functions:
- Examination of applications (formal and substantive) by the Examination Division
- Appeal and cancellation proceedings by the Trademark Appeals Board (Komisi Banding Merek, KBM)
- Publication of fee schedules, the electronic filing platform (merek.dgip.go.id), and various guidelines
Role of the Judicial Forum
| Forum | Jurisdiction and Characteristics | Legal Basis |
|---|---|---|
| Commercial Court (Pengadilan Niaga) | Exclusive jurisdiction over trademark infringement and registration cancellation lawsuits. Established in five courts: Jakarta, Surabaya, Medan, Makassar, and Semarang | Law No. 20 of 2016, §83 et seq. |
| Supreme Court (Mahkamah Agung) | Appeals (kasasi) against Commercial Court judgments | Law No. 20 of 2016, Section 85 |
| Trademark Board of Appeals (KBM) | Appeals against the DGIP’s decisions on rejection or registration | Law No. 20 of 2016, Section 28 |
| Customs (DJBC) | Import Prohibition (Border Measures via IPR Recordal Registration) | Customs Law |
3. Applicant Eligibility and Formal Requirements
Eligibility of Applicants
In Indonesia, both individuals and corporations may file trademark applications. Foreign applicants (those without an address or place of business in Indonesia) are required to appoint a locally registered IP Consultant (Konsultan KI) as their representative (Law No. 20 of 2016, Section 6). Japanese companies typically file applications with the DGIP through a local representative.
Practical Note: Foreign applicants must submit the original Power of Attorney (POA); notarization or consular certification is not required (requirements relaxed under the 2019 amendment). However, the POA must be submitted at the time of filing or within two months of the filing date; failure to do so risks a delay in the filing date.
Application Document Package
| Documents | Practical Points |
|---|---|
| Application Form (Permohonan Pendaftaran Merek) | Submit via the DGIP’s electronic filing system (merek.dgip.go.id). For characters other than Roman or Latin script, an English translation or phonetic transcription must be included. |
| Trademark Specimen | JPEG/PNG (maximum 2MB). For color trademarks, include a color sample and a description of the colors; for 3D trademarks, include views from six directions; for sound trademarks, include sheet music and an audio file |
| Designated Goods and Services | 45 classes under the Nice Classification. Applications covering multiple classes are permitted, but a fee is charged for each class |
| Power of Attorney (POA) | Required for foreign applicants. Simplified POA accepted (no notarization or consular authentication required) |
| Priority Documents | When claiming priority under the Paris Convention. Must be submitted within three months of the filing date, accompanied by an English translation |
| Affidavit of Use | Unlike in the U.S., submission of evidence of use is not required. Only a declaration of intent to use at the time of filing is required |
4. Standard Process and Timeline Management
The Indonesian trademark examination process differs from Japan’s in that it follows the sequence of “publication first, substantive examination later.” Formal examination is completed within approximately 14 days of the filing date; if the application is deemed valid, it is published immediately (for 2 months), and substantive examination begins after the publication period expires.
① Application (DGIP Online)
↓
② Formal Examination (approx. 14 days)
↓
③ Trademark Publication (2 months: opposition period)
↓
④ Substantive Examination (approx. 150 business days / 7 months)
↓
⑤ Response to Rejection (Office Action)
↓
⑥ Registration Decision →
Issuance of Registration Certificate
↓ ⑦ Renewal every 10 years (perpetual)
↓
② Formal Examination (approx. 14 days)
↓
③ Trademark Publication (2 months: opposition period)
↓
④ Substantive Examination (approx. 150 business days / 7 months)
↓
⑤ Response to Rejection (Office Action)
↓
⑥ Registration Decision →
Issuance of Registration Certificate
↓ ⑦ Renewal every 10 years (perpetual)
Estimated duration: In smooth cases, approximately 9–18 months from filing to registration. If a notice of refusal is issued, allow approximately 18–24 months, taking into account the response period (30 days + 30-day extension).
5. Estimated Government Fees
| Item | Electronic Filing (Online) | Paper Filing | Conversion to Japanese Yen (for reference) |
|---|---|---|---|
| Application Fee (1 Class) | Rp 1,800,000 | Rp 2,000,000 | Approx. 18,000 yen |
| Additional Class Fee (per class) | Rp 1,800,000 | Rp 2,000,000 | Approx. 18,000 yen |
| Fee for filing an objection | Rp 1,000,000 | Rp 1,000,000 | Approx. 10,000 yen |
| Appeal Hearing (KBM) | Rp 3,000,000 | Rp 3,000,000 | Approx. 30,000 yen |
| Renewal Fee (1 Class, Within Deadline) | Rp 2,250,000 | Rp 2,500,000 | Approx. 22,500 yen |
| Renewal fee (within grace period / 6 months) | Rp 4,500,000 | Rp 5,000,000 | Approx. 45,000 yen (2x) |
UMKM Discount Program: Applicants certified as Indonesian Micro, Small, and Medium Enterprises (UMKM) are eligible for a reduced application fee of Rp 500,000 (approx. 5,000 yen). While Japanese companies are not eligible, local subsidiaries may consider registering as UMKM.
6. Trademark Requirements and Substantive Examination
Registerable Trademarks (Significantly Expanded Under the 2016 Law)
- Word Marks (Roman letters, Kana, Kanji, Arabic script, etc.)
- Figurative trademarks and combined trademarks
- Three-dimensional trademarks (3D Marks)— Officially recognized under the 2016 Act
- Sound Marks — Submission of musical notation and audio files
- Hologram Trademarks
- Color trademarks (limited to color combinations; single colors are generally not permitted)
- Collective Marks and Certification Marks
Absolute Grounds for Refusal (UU 20/2016 §20)
- Violation of public order and morality (particularly those contrary to Islamic doctrine)
- Lack of distinctiveness (descriptive or customary marks)
- Trademarks likely to cause confusion
- Unauthorized use of national flags, national emblems, or emblems of international organizations
- Three-dimensional trademarks consisting solely of functional shapes
Relative grounds for refusal (UU 20/2016 §21)
- Similarity to Earlier Applications or Registered Trademarks
- Well-known trademarks (rejection applies even for dissimilar goods if similar to another party’s well-known trademark)
- Unauthorized use of another person’s name or likeness
- Names registered as Geographical Indications (GI)
7. Opposition and Invalidity Proceedings
Opposition During the Publication Period (Preliminary Opposition)
Any person may file an opposition within two months of the trademark’s publication (UU 20/2016 §16). The opponent may base the opposition on either absolute or relative grounds for refusal. The applicant responds by submitting a statement of defense.
Post-registration invalidation proceedings (Commercial Court)
A major difference from Japan: Invalidation proceedings after registration fall under the jurisdiction of the Commercial Court (Pengadilan Niaga). Note that this is not a two-tiered structure like Japan’s “trial → lawsuit to overturn the decision,” but rather a judicial procedure that begins at the first instance. The deadline for filing a lawsuit is within five years from the date of registration (no time limit in cases of bad faith or violation of public order and morals).
Cancellation for Non-Use (Law No. 20 of 2016, Section 74)
If a trademark remains unused for three consecutive years following registration without justifiable cause, any interested party may file a cancellation request with the Commercial Court. Compared to Japan (3 years) and India (5 years and 3 months), Indonesia’s 3-year period is relatively short, so it is crucial to begin using the trademark as soon as possible after registration.
8. Enforcement of Rights and Response to Infringement
Civil Remedies
Remedies That May Be Ordered by the Commercial Court
- Injunctions (provisional and permanent)
- Damages (actual damages + lost profits)
- Order to Destroy Infringing Goods
- Order for Publication of the Judgment in Newspapers
Criminal penalties (Law 20/2016, §100 et seq.)
| Types of Infringement | Penalties |
|---|---|
| Use of an identical or similar trademark | Imprisonment for up to 5 years + a fine of up to Rp 2,000,000,000 (approx. 20 million yen) |
| Infringement involving goods that may cause harm to health or the environment | Imprisonment for up to 10 years + a fine of up to Rp 5,000,000,000 (approx. 50 million yen) |
| Infringement of Geographical Indications (GI) | Imprisonment for up to 4 years + a fine of up to Rp 2,000,000,000 |
Border Measures at Customs
Trademark owners can stop the import of infringing goods by registering an IPR Recordal with the DJBC (Directorate General of Customs and Excise). Recordal registration must be renewed annually, and the registration fee is Rp 1,000,000 (approx. 10,000 yen).
9. Designation via the Madrid Protocol
Indonesia acceded to the Madrid Protocol on January 2, 2018, enabling Japanese companies to designate Indonesia via the Madrid Protocol. By filing a Madrid Protocol international trademark application through the Japan Patent Office, you can designate all 132 member countries, including Indonesia, in a single application.
| Item | Direct Filing | Via the Madrid Protocol |
|---|---|---|
| Local Agent | Required | Not required (only when responding to a rejection) |
| Language of Filing | Indonesian | English |
| Review period | 9–18 months | Obligation to examine within 18 months (as stipulated by the treaty) |
| Fees (1 class) | Rp 1.8 million + attorney fees | CHF 105 + JPO fees |
| Dependency on the basic application | None | Risk of central attack for 5 years |
10. Maintenance, Renewal, and Cancellation
The term of an Indonesian trademark is 10 years from the filing date. It can be renewed every 10 years, and there is no limit on the number of renewals.
Three-tier renewal timeline
- Regular Renewal Period: Within 6 months prior to expiration (standard fee)
- Grace Period: Within 6 months after expiration (double the fee)
- Revival: Not available (rights expire after the grace period)
11. Specific Practical Risks (Halal and Geographical Indications)
Halal Certification and Trademarks
Pitfalls specific to the Islamic market: Mandatory Halal certification for food, cosmetics, and other products will take effect starting October 2024. If the trademark itself includes the "Halal" designation, obtaining certification from the BPJPH (Halal Product Guarantee Agency) is a prerequisite. Use of a "Halal" trademark without certification is subject to cease-and-desist orders and criminal penalties.
Geographical Indication (GI) Protection
Indonesia protects Geographical Indications (Indikasi Geografis) independently of trademarks (Law No. 20 of 2016, Sections 53 et seq.). Examples of registered GIs include “Kopi Gayo” (Gayo Coffee) and “Kopi Toraja” (Toraja Coffee). Trademarks containing place names must undergo a conflict check against existing GIs.
Bad Faith Filings
In Indonesia, bad-faith applications for foreign brands (preemptive filings) remain a problem. In recent years, the Supreme Court has shown a tendency to strictly invalidate such applications (e.g., the IKEA case and the Pierre Cardin case). For Japanese companies, filing early before entering the market (preferably simultaneously with filing in Japan) is the strongest defense strategy.
12. Practical Checklist for Japanese Companies
Pre-filing
- Conduct prior trademark searches using the DGIP database (pdki-indonesia.dgip.go.id)
- Verify for conflicts with Geographical Indications (GI)
- Consider Islamic cultural sensitivities (prohibition of pork-related and alcohol-related indications)
- If including "Halal" labeling, formulate a plan in advance to obtain BPJPH certification
- Choose between direct filing and filing via the Madrid System based on “number of designated countries,” “language costs,” and “examination deadlines”
Prosecution
- Submit the original Power of Attorney (POA) within two months of the filing date
- Claim Paris Convention priority within 3 months of the filing date, accompanied by an English translation
- During the publication period, prepare evidence of use and evidence of public recognition to prepare for objections from competitors
- Strictly adhere to response deadlines (30 days + 30-day extension) for rejections; file KBM appeals within 3 months
Post-filing (Enforcement / Maintenance)
- Commence use within 3 years of registration (to prevent cancellation for non-use)
- Register IPR Recordal with DJBC (Customs) to implement border measures against counterfeit goods
- Manage renewal deadlines via calendar from 6 months prior to expiration through the 6-month grace period (no reinstatement possible)
- Licensing agreements must be registered with the Commercial Court to establish enforceability against third parties
- Upon discovery of infringement, simultaneously consider three approaches: litigation in the Commercial Court, criminal prosecution, and customs measures
Summary
In Indonesian trademark practice, the key differences from Japan lie in the “pre-publication” examination process centered on Law No. 20 of 2016 and the rights enforcement system focused on the Commercial Court.With significant recent institutional changes—such as accession to the Madrid Protocol (2018), mandatory Halal certification (2024), the expansion of geographical indications, and strengthened measures against bad-faith applications—strategic responses based on the latest trends are key to success. Please also see our Madrid Protocol international trademark application and trademark registration services.
Consultation on Indonesian Trademark Applications
EVORIX International Patent Office provides comprehensive support for trademark applications and enforcement in major ASEAN countries, including Indonesia. Our patent attorneys, with extensive practical experience and working in collaboration with local agents, handle everything from strategic planning for direct filings and Madrid Protocol applications to Halal compliance, counterfeit prevention, and litigation in local courts.
*This article is intended to provide general information and is based on UU No. 20 Tahun 2016 (2016 Trademark and Geographical Indications Law), official guidance from the DGIP, publicly available materials from JETRO and WIPO, and explanations from local law firms. For specific decisions regarding individual cases, we recommend consulting with experts, including local agents.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Firm
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).
