Under Indonesian trademark law, in addition to traditional trademarks (word marks, figure marks, etc.), non-traditional trademarks such as three-dimensional trademarks, sound trademarks, and hologram trademarks are also protected. Specifically, signs consisting of two-dimensional or three-dimensional figures, logos, names, words, letters, numbers, combinations of colors, sounds, holograms, or combinations of these elements are subject to trademark registration. Indonesia also has a collective marks system, which allows groups (such as associations) to register trademarks used by their members.
However, it is clearly stipulated that trademarks consisting of only a single color, fragrance trademarks, and certification marks are not subject to protection in Indonesia. This is different from the color-only trademark, regional collective trademark, and certification mark system introduced in Japan (in Japan, single-color trademarks and certification marks are also registrable, but not in Indonesia). Furthermore, the defensive mark system (protection of well-known trademarks in different fields) does not exist in Indonesia, and is a system unique to Japan.
Competent authority and system overview: Trademark applications in Indonesia are under the jurisdiction ofDirectorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights. Indonesia adopts a first-to-file system, and the person who files an application before anyone else obtains trademark rights. If a foreign company wishes to apply, it must go through an authorized agent (intellectual property consultant) in Indonesia unless it has a local address. The application language is Indonesian and since 2019, only online applications are officially accepted (paper applications are not accepted).
Required documents: The main documents and information to be submitted when applying are as follows:
Application form (Application form): Display of trademark (sample), applicant's name, address, nationality, list of designated goods and services, etc.
Affidavit of Trademark Ownership: A written declaration that you are the rightful owner of the trademark.
Power of Attorney: Required if applying through an agent. In Indonesia, power of attorney requires notary certification (scanned copies may be accepted).
Trademark sample: An image of a trademark shape, logo, etc. In addition, representations appropriate for non-traditional trademarks are required, such as images from multiple viewpoints in the case of three-dimensional trademarks, and sound source files and musical scores in the case of sound trademarks.
Priority document: When claiming priority based on the Paris Convention, submit a certificate of the earlier application (e.g. gazette of the Japanese application) and its sworn translation (Indonesian translation). Since Indonesia is a member of the Paris Convention, it is possible to claim priority within six months based on filing an application in Japan.
Application method and fees: File electronically through the online portal of the Directorate General of Intellectual Property (merek.dgip.go.id). At the time of application, it is necessary to pay the prescribed government fee. The official application fee is approximately Rp. 1.8 million per category (approx. IDR 1.8 million) for general applications and is heavily discounted to approximately Rp. 500,000 for small and medium-sized enterprises. Please note that a multi-class application system is adopted, and it is possible to specify multiple classes of goods and services in one application. It complies with the international classification (Nice classification), and goods and services must be clearly and specifically described.
After filing, the Directorate General of Intellectual Property conducts a formality examination (checking for document deficiencies and formal requirements), and if the formal requirements are met, the application information will be published in the official gazette within 15 business days from the filing date (proceed to the publication/opposition procedure described below).
After filing, a Formal Examination will be conducted to check for any missing documents or requirements. Applications that pass formality examination will be published in the official gazette and online within 15 business days. The public notice period isfor two months, during which time we will accept objections (details below).
Once the public notice period ends, the Directorate General of Intellectual Property will conduct a substantive examination (examination of trademark registration requirements by an examiner). The substantive examination mainly examines the following points:
Does the trademark have the ability to distinguish one's own goods and services from others? (descriptive marks that lack distinctiveness will be rejected).
Is it identical or similar to the earlier filed/registered trademark (reject confusingly similar trademarks for identical or similar goods/services)?
Is there a possibility that the trademark is false or deceptive? (Reject trademarks that cause misunderstanding regarding product quality, place of origin, etc.)
Is there an absolute reason for refusal, such as whether the application violates public order and morals or the law, or whether the application was filed for another person's famous trademark for fraudulent purposes?
As a result of the examination, if there is a reason for not meeting the registration requirements (reasons for refusal), a Notice of reasons for refusal will be sent to the applicant (representative). Applicants who receive the notification have 30 days from the date the notification is sent to respond by submitting a written opinion or amendment. This response period is very short and cannot be extended, so it is necessary to promptly consult with the local representative and make counterarguments and amendments. If the reasons for refusal are resolved by an appropriate response, the application will pass the examination, but if there is no response or no counterargument is accepted, the application will be rejected (final rejection). In that case, the applicant may file an appeal (request for appeal) (see below).
The Indonesian Trademark Law stipulates a standard examination period, and the 2016 revised law stipulates that ``Substantive examination shall be completed within 150 business days after the expiry of the public notice period.'' The actual examination period has been significantly shortened in recent years, and if everything goes smoothly, it is common for the process from application to registration to be completed in about 6 to 12 months (in the past, it could take 2 to 3 years to complete registration, but this has become faster in recent years). It may take more time if an opposition or response to reasons for refusal occurs at each stage of the examination.
This is a diagram showing the general procedure flow from Indonesian trademark application to registration. After filing, there will be a formality examination and a two-month public notice period, and if there is no opposition, the application will proceed to substantive examination. A substantive examination will be conducted to see if there are any reasons for refusal, and if there are no problems, the application will be granted a decision to register, a certificate of registration will be issued, and the application will be published in the Trademark Bulletin. On the other hand, if there are reasons for refusal, a notice will be issued and a response will be required within 30 days, and if no response is received, a decision of refusal will be made (if you are dissatisfied, you can file an appeal with the Trademark Trial and Appeal Board). If registration is finally achieved, the term of rights will be 10 years starting from the filing date, and can be extended every 10 years by renewal.
Publication and opposition period: After passing the formality examination as mentioned above, the Indonesian trademark application will be Publicated. The announcement will be published in the Official Gazette and Online Bulletin of the Directorate General of Intellectual Property for a period oftwo months. During the public notice period, any interested third party (such as an existing trademark right holder or a peer) can file an opposition to the trademark application. The deadline for filing an opposition is within two months from the start of public notice, and extensions are not permitted. *Japan's trademark system is a "registration opposition system" in which an opposition is filed after registration (public notice period is 2 months), but the difference is that in Indonesia, an opposition is filed before registration.
Procedure for filing an opposition: The opponent submits a written opposition to the Directorate General of Intellectual Property within the specified period and pays the prescribed opposition fee (approximately Rp. 1 million). The opposition form must be written in Indonesian and submitted by a local representative. The notice of opposition must specifically indicate that the opponent is a legitimate interested party filing the petition, and the reason why the trademark in question is ineligible for registration (such as conflict with a prior trademark or any reason for non-registration). Although there is no express provision under Indonesian law regarding the eligibility of an opponent, in practice it is desirable that the opponent already has a trademark application and registration in Indonesia. If this is not the case, an objection from a third party may be rejected by the examiner on the basis of the first-to-file principle.
Procedures after opposition:Even if an opposition is filed, substantive examination of the trademark application itself will be carried out for all applications. The examiner will conduct an examination taking into account the submitted grounds for objection and evidence, and if the objection is accepted, the examiner will notify the reasons for refusal based on the content. On the other hand, even if there is an opposition, if the examiner determines that the application is eligible for registration, the application will be approved for registration (the opposition will be treated as rejected). If an opposition is filed, the applicant will not be directly notified by the Directorate General of Intellectual Property, so it is necessary to pay close attention to information published in the official gazette and from local agents. Applicants can also submit written opinions and rebuttal evidence in response to an opposition, but in Indonesia there is no system in place to officially give applicants another opportunity to rebut after filing an opposition (*Under the old law, there was a three-month public notice period and a one-month rebuttal period after the end of the opposition period, but under the new law, the rebuttal period was shortened to two months and the rebuttal period was abolished).
If the public notice period expires and no opposition is filed, or if the opposition is dismissed, an Decision of Registration will be made immediately based on the results of the substantive examination. If the opposition is accepted and the reasons for refusal are finalized, it will become a Decision of Rejection and the application will not be registered. In this way, Indonesia has adopted apre-grant opposition system, and there is no means for filing an opposition after the public notice period has elapsed. Once an application has been registered, interested parties (third parties) have no way to challenge the registration other than by filing an action for invalidation (cancellation) of the trademark registration. This point is also different from Japan's system where you can file an opposition even after registration, so it is important to gather information at the application stage and take early action.
From decision to registration to completion of registration: After successfully passing the substantive examination, the examiner will make adecision to register (decision on permission to register) the trademark. The trademark will then be registered in the Indonesian Trademark Register and aRegistration Certificate (Certificate of Registration) will be issued. The registration certificate is called a "Certifikat Merek" and may be issued electronically. Trademark rights arise with the issuance of a registration certificate, and their contents are published in the Trademark Bulletin [36†source] (Registration Publication). In Indonesia, trademark rights are generated through registration, and unlike Japan, there is no additional procedure for paying registration fees, and rights are acquired immediately after the registration is approved. Although rights become effective from the date of trademark registration, it is important to note that the starting date for the duration of rights is the filing date. In other words, when calculating the term of validity, ``10 years from the filing date'' is one period.
Right details: The right holder of a registered trademark (trademark right holder) obtains the right to use the registered trademark exclusively for designated goods and services. You can prevent unauthorized use of the same or similar trademarks by others, and if necessary, you can seek injunctions and damages (more on infringement and remedies below). In addition to using the trademark themselves, trademark owners can also license it to third parties. Trademark rights are country-specific rights and are valid only within Indonesia. Additionally, since Indonesia is a member of the Madrid Protocol (effective in 2018), it is also possible to designate Indonesia for international registration via Madrid.
How to issue a registration certificate: In recent years, registration certificates may be issued online or issued in a downloadable format. You can also search for registration information in the Directorate General of Intellectual Property (DGIP) database (see) and obtain a registration certificate. The trademark registration fee has already been paid at the time of application, and there is no separate procedure for additional payment of the registration fee. However, if there is a change of address or name after registration, additional fees will be charged for procedures such as changing the registry record and registering a license agreement.
Duration: The validity period (duration) of trademark rights in Indonesia is stipulated as 10 years from the filing date. This is slightly different from the treatment of trademark rights in Japan (10 years from the date of registration; however, due to renewals, it is calculated retroactively from the filing date), and in Indonesia, the starting point is the filing date. However, the actual rights accrue at the time of registration, and the expiration date is just before the anniversary date of 10 years from the registration date. For example, if the application is filed on July 1, 2025 and registered on January 1, 2026, the term of validity is from July 1, 2025 to June 30, 2035.
Renewal system: Trademark rights can be renewed (extended) any number of times every 10 years by applying for renewal before the expiration of the term and paying the prescribed renewal fee. Regarding renewal (extension) procedures, the new Indonesian law stipulates as follows.
Renewal application period: Applications are accepted from 6 months before the expiration date to the day of expiration. Under the old law, the deadline was 12 months in advance, but under the current law, the deadline has been shortened to 6 months in advance.
Grace period: Even if you forget to complete the procedure by the renewal deadline, you can apply for renewal by paying an additional fee within 6 months after expiration. After this grace period, your registration will expire.
Requirements for renewal: When applying for renewal, you are required to submit a "Declaration of Use" in addition to simply paying a fee. This is a document that certifies that the trademark is being used legitimately at the time of renewal, and was introduced in Indonesia by the 2016 revised law. Unlike the system in Japan, where trademarks can be renewed regardless of their usage history, the system shows that they do not allow the renewal of trademarks that are not actually used.
The renewal fee will be paid in a predetermined amount depending on the number of categories (for example, approximately 2 million rupiah per category, subject to change depending on the time). For renewal, go through the procedures through a local agent and receive a renewal certificate (extension registration certificate) issued by the Directorate General of Intellectual Property. Even after renewal, trademark rights will continue for a new 10-year period. Even if you renew your registration number, the registration number itself will not change; only the expiration date will be extended.
Obligation to use trademarks: In Indonesia, it is not enough just to register a trademark; it is required to continuously use the trademark in transactions of goods and services. Although this is not directly stipulated as an "obligation" under trademark law, registered trademarks that are not used for a certain period of time can be canceled upon request from a third party. In particular, if a trademark is for commercial purposes and has not been used for a long period of time, the idea is to exclude it from the market rather than allowing it to maintain exclusive rights. This concept is common to the trademark systems of many countries, including Japan, but the length of the non-use period and procedures differ depending on the country.
Non-use cancellation system: The Indonesian Trademark Law has provisions for cancellation of registration based on non-use. Before the amendment, a request for cancellation was possible if the property had not been used for three consecutive years, but a Constitutional Court ruling in July 2024 extended the requirement for a period of non-use from three to five years. In other words, if a trademark has not been used for a continuous period of five years from the date of registration or last use, it can be subject to cancellation for non-use. An interested third party can request cancellation of non-use, and the requester must prove the trademark owner's non-use. However, cancellation may not be granted if there is ajustifiable reasonfor non-use (e.g. government ban on imports, suspension of business licenses, suspension due to force majeure such as war or pandemic). The 2024 court decision also allowed for the consideration of force majeure events (e.g. COVID-19) to be codified.
It is understood that the procedure for cancellation for non-use is to first make a petition for cancellation to the trademark right owner according to the prescribed procedure (based on Article 74 of the Trademark Law), and then a decision is made by the examination within the Directorate General of Intellectual Property or by the Trademark Trial and Appeal Board. In some cases, it is envisaged that trademark authorities will conduct revocation proceedings ex officio. In Indonesia, the number of petitions for cancellation of non-use has been increasing in recent years, and it is recognized that there is a risk of losing rights even for famous brands if they are not used. In fact, there is a case in which the famous Swedish furniture brand IKEA did not open a store in the country for three years after registering the trademark and was unused, so an Indonesian company filed a suit for non-use cancellation and the Supreme Court ruled that the trademark rights had to be revoked. Failure to follow up on usage after registration can lead to serious situations.
Cancellation lawsuit (invalidation trial) system: Within a certain period of time after trademark registration, it is possible to file a registration invalidation lawsuit in a commercial court for trademarks with flaws in registration. In Indonesia, a third party can file a lawsuit seeking invalidation (cancellation) of a trademark registration on the grounds of conflict with prior rights, bad faith on the part of the applicant, etc. within 5 years from the date of registration in Indonesia. However, for trademarks that violate public order and morals or religious values, invalidation lawsuits can be filed without this five-year limit. Invalidity lawsuits are subject to the jurisdiction of the Commercial Court, which is equivalent to the Intellectual Property High Court, and those who are dissatisfied with the judgment must appeal to the Supreme Court. In Japan, as a general rule, you can request an invalidation trial at the Japan Patent Office for an unlimited period after registration, but in Indonesia, the difference is that as mentioned above, you basically have to fight in court within 5 years (excluding bad faith, etc.).
Civil Remedies: If a trademark right is infringed in Indonesia, the trademark right owner can file a civil lawsuit against the infringer and seek remedies such as an injunction (provisional disposition prohibiting use or judgment on the merits) and claim for damages. Trademark infringement lawsuits are first heard by a commercial court (Pengadilan Niaga) established in Jakarta and elsewhere specializing in intellectual property, and are heard by specialized judges. In civil litigation, it is necessary to prove the fact of infringement, the occurrence and amount of damages, and the necessity of an injunction. If a successful judgment results in an injunction to stop the infringing act or to compensate for damages, we will obtain relief through compulsory execution procedures.
Response through criminal penalties: The Indonesian Trademark Law also provides for criminal penalties.If you intentionally infringe on someone else's registered trademark rights (for example, by attaching a trademark to a product and selling it without permission), it is possible to take criminal proceedings based on the rights holder's complaint (filing a criminal complaint). Trademark infringement is classified as a complaint offense and, in principle, will not be prosecuted unless the trademark owner, who is the victim, files a complaint. If the police investigate, the infringer is prosecuted by the public prosecutor and found guilty, the infringer could be sentenced to up to five years' imprisonment or a fine of up to approximately Rp. 1 billion. In the 2016 amendment to the Trademark Law, penalties were strengthened: A fine of up to 2 billion rupiah (approximately 16 million yen) for infringement of the same trademarkA maximum fine of 1 billion rupiah (approximately 8 million yen) for infringement of a similar trademark In addition, if the infringement poses a threat to the health, life, or safety of the public (e.g. counterfeit trademarks for counterfeit medicines or harmful foods), there are severe penalties that can result in up to 10 years' imprisonment and/or a fine of up to 5 billion rupiah (approximately 40 million yen). Criminal prosecution can lead to the seizure and destruction of infringing products, which serves as a powerful deterrent against malicious counterfeit product manufacturers.
Customs border measures: In Indonesia, there is a system for registering trademarks with the customs authorities (customs authorities). By registering their trademarks with the customs authorities, trademark owners can request that counterfeit products being imported and exported be detected. Based on registered trademark rights information, customs can temporarily suspend customs clearance of goods suspected of infringing and notify the right holder. By taking measures such as civil injunctions or criminal charges within a certain period of time, rights holders can have the infringing goods confiscated and disposed of. Japanese companies are encouraged to utilize such administrative measures as an effective means of protecting trademark rights.
License: In Indonesia, registered trademarks are allowed to be licensed to third parties. A license agreement is concluded between the trademark right holder (licensor) and the party receiving permission to use it (licensee), and its contents usually specify the form of permission (exclusive or non-exclusive), whether sublicensing is possible, the contract period, the rights and obligations of the parties, and the scope of the trademark, goods, and services to be licensed. Under the Indonesian Trademark Law, trademark license agreements are required to be registered with the Directorate General of Intellectual Property.
Unless it is registered, it cannot be used against third parties (it is not legally binding). Therefore, if a Japanese company wishes to license the use of its brand to a local agent or manufacturer, it must conclude a written trademark license agreement and promptly apply for contract registration to DGIP through the local agent. When registering, you will be required to submit a contract (with Indonesian translation attached), party information, a copy of the trademark registration certificate, etc., and a registration fee will also be charged. The license agreement also has restrictions such as not hindering Indonesia's economic development, and stipulates that content that is contrary to public order and morals (such as excessive restrictions that impede technology transfer) must not be included. Even if the use is licensed (licensee's use), if the contract is properly registered, it will be considered the trademark owner's own use (this is also effective in preventing cancellation due to non-use).
Assignment (Transfer): Trademark rights (registered trademarks) can be assigned to others in Indonesia. In addition, the 2016 revised law allows the transfer of pending trademarks (pending applications). Transfer usually occurs due to sales, corporate acquisitions, intra-group transfers, inheritance, etc. In all cases, it is necessary to draw up an assignment agreement (or succession certificate) and register the name change with the Directorate General of Intellectual Property. If you do not register this change of ownership, there is a risk that the formal transfer of rights will not be effective against the new right holder or that you will not be able to fight against it. Indonesian Trademark Law stipulates that when a trademark is transferred due to assignment, this fact must be publicly announced and recorded in the trademark register. To apply for a transfer record, you will be required to submit a transfer contract, attach a notary certification or an Indonesian translation, and complete procedures for rewriting the existing registration certificate, and fees will also apply. In particular, since it is not a one-trademark, one-application system, it is possible to divide and assign only the necessary classes at the time of assignment (transfer after going through the procedure of dividing the application into each class). This is almost the same concept as the Japanese trademark system.
Other systems: In Indonesia, there are systems such as trademark pawn (securing) and trademark license notification systems associated with franchise agreements. Trademark rights can be pledged as a type of movable property, and in that case, registration of pledge with the Directorate General of Intellectual Property is required. In addition, when franchising (business affiliation), it is mandatory to register the franchise with the Ministry of Commerce as well as register a trademark license agreement. Companies are required to appropriately manage trademark rights in terms of systems such as licensing, assignment, and collateral.
Comparing the Indonesian trademark system and the Japanese system, some important differences and points to keep in mind emerge.
Types of trademarks: All countries protect trademarks such as letters, figures, three-dimensional objects, sounds, etc., but in Indonesia, color-only trademarks and fragrance trademarks are not allowed, while in Japan color-only trademarks have been allowed since the 2015 revision (scents have not yet been registered in Japan). Also, there is acertification mark system in Japan, but not in Indonesia. Collective trademark systems exist in both countries (including regional collective trademarks in Japan). The defensive mark system is unique to Japan and does not exist in Indonesia.
Application/Registration Procedures: First-to-file system is the same for both, but Indonesia is unique in that electronic filing is mandatory (Japan allows both online and paper filing). The application language is also different, Japanese for Japan and Indonesian for Indonesia. In Indonesia, the involvement of a local agent is required, whereas in Japan, a person residing in Japan can complete the procedure without an agent (foreign companies require an agent such as a patent attorney). Filing in Indonesia also requires a declaration of oath and a notarized power of attorney, which is a greater administrative burden than the simple procedure in Japan. In addition, Indonesia has a single application multi-classification system and product classification is based on the Nice classification (Japan also has a Nice classification/multi-classification application system).
Examination/Objection: One of the biggest differences is the timing of the objection system. In Japan, there is a two-month opposition period after the registration decision (after the trademark bulletin is issued), but in Indonesia, there is a two-month opposition period at the application publication stage. Therefore, if Japanese companies discover a third-party application in Indonesia, they should promptly object to it before registration. Conversely, if your company's application is published, it will proceed to registration after two months have passed (in Japan, there is a risk of opposition for a certain period of time even after registration). The examination standards in both countries examine absolute and relative grounds, but it should be noted that in Indonesia, the response period after notification of examination results is extremely short at 30 days (in Japan, the period for written opinions and procedural amendments is usually around 40 to 60 days). In addition, there is a regulation that Indonesian examinations are completed within a legal period of 150 business days, but in Japan there is no written provision for the examination period, and it varies greatly depending on the situation (preliminary results take about 6 to 8 months on average). In Japan, an appeal against a decision of refusal is filed with the Patent Office, but in Indonesia, an appeal is filed with theTrademark Trial and Appeal Board, and if you are dissatisfied with the decision, you appeal to the court.
Right term and renewal: Japanese trademark rights are valid for 10 years from the date of registration, and there is no obligation to submit an oath of use when renewing. On the other hand, in Indonesia, the filing date is 10 years, and an oath of use must be submitted at the time of renewal. The renewal application period in Japan is similar to that of 6 months before expiration to the expiration date and 6 months grace period, but unused trademarks may not be renewed in Indonesia. In Japan, formal proof of use is not required, but in reality, if a product has not been used for more than three years, it will be difficult to maintain rights in a revocation trial described below.
Non-use cancellation system: In Japan, if a registered trademark has been unused for three years, anyone can request a cancellation trial from the Japan Patent Office (registration will be canceled if there is no valid reason for non-use). In Indonesia, it was previously possible to request cancellation after 3 years of non-use, but this has been relaxed to 5 years of non-use from 2024 onwards. There is a difference in the system: in Japan, the destination for requesting cancellation is the Trial and Appeal Board of the Patent Office, while in Indonesia, it is the Directorate General of Intellectual Property to the Trademark Trial and Appeal Board or the court. In any case, it is common that usage history is important for maintaining rights.
Countermeasures against infringement: Both Japan and India can civilly seek injunctions and damages, and criminal penalties are also provided. In terms of sentencing, Indonesia has higher and longer legal penalties (as mentioned above, maximum imprisonment for 5 to 10 years and fines of hundreds of millions of rupiah), and there is a strong attitude towards dealing with malicious trademark infringement. The current penalties under Japan's trademark law are imprisonment for up to 5 years and a fine of up to 5 million yen (up to 150 million yen for corporations), which is lower than in Indonesia. Both countries also have customs injunction systems, but in Indonesia, issues include speedy procedures and public-private collaboration.
Other points to note: In Indonesia, there are regulations for refusing applications in bad faith, where a fraudulent application for another person's well-known trademark can be rejected or invalidated (although it is not easy to prove, there are regulations). In Japan, well-known trademark applications for fraudulent purposes are grounds for non-registration, but there are differences in requirements and application situations. Additionally, in Indonesia, there is an independent protection system for Geographical Indications and Appellations of Origin (Geographical Indication Legislation). Although there are many cases that are not directly related to Japanese companies, you should be careful if your company's product name is derived from a place name.
In general, In trademark practice in Indonesia, it is more important than in Japan to take early measures, conduct local monitoring, and secure a track record of usage. While there are many similarities with Japan, there are small differences in procedures and requirements, so it is necessary to take care to comply with the local legal system.
Finally, we will summarize the practical points that Japanese companies should keep in mind when acquiring and maintaining trademark rights in Indonesia.
Early filing and prevention of pre-emption: Indonesia has a first-to-file system, so even if a brand is well-known in Japan or other countries, there is a risk that if a third party files first locally, the company will not be able to use it. In fact, there are cases where local agents or former employees apply for trademarks without permission. When planning to expand your business, file a trademark application as early as possible to avoid preemptive applications (so-called misappropriated applications).
Monitoring Publication Information: After filing your trademark application, carefully monitor the two-month publicity period to see if any oppositions are filed. We also regularly check public announcements of similar trademarks by other companies and consider filing an opposition if necessary. You can search for public and registered trademarks on the Indonesian Directorate of Intellectual Property's online database (PDKI). It is important for Japanese companies to collaborate with local agents and set up a system to monitor official gazette announcements.
Local agent/language support: All procedures, including application procedures, examinations, oppositions, and lawsuits, must be done in Indonesian. Japanese companies should hire a reliable local trademark agent (patent attorney or law firm) to provide accurate translation and legal support. It takes time to prepare the power of attorney and oath, so please make your request well in advance.
Use and management after registration: It is not enough to register a trademark; it has value only when it is actually used. In the past, there was a judgment in Indonesia where the IKEA trademark was canceled due to lack of use. Therefore, it is recommended that you start using the product locally and continue using it within 3 to 5 years after registration. It is a good idea to save evidence of use (promotional materials, transaction history, advertisements, etc.) in case of a cancellation request.
Renewal procedures and declaration of use: When renewing a trademark every 10 years, a Declaration of Use must be submitted. Please check the usage status of the trademark before renewing; if it is unused, renewal may not be approved. In some cases, consider filing a new trademark application before the expiry of the trademark term or expediting the start of use.
Registration of license/rights transfer: If you want a local partner to use your trademark in Indonesia, be sure to conclude a trademark license agreement and register it with DGIP. An unregistered license has no power against third parties, and there is a risk that the licensee's use may not be recognized as the company's own use. Also, if you wish to change the name of a trademark within the group or transfer it to a local subsidiary, please promptly register the name change. If you neglect these procedures, you may run into trouble due to discrepancies in owner information when exercising your rights.
Countermeasures against counterfeit products: The Indonesian market is vast, making it easy for counterfeit products to be distributed. In order to protect your brand, the first step is to conduct local market research and acquire trademark rights as early as possible. Then, if necessary, register your trademark with customs (registration) and take advantage of border control at the import stage. If we discover a counterfeit product, we will not hesitate to consider legal measures such as requesting an injunction or filing a criminal complaint. It is important to cooperate with local lawyers and police and take a resolute attitude.
Awareness of system differences with Japan: As mentioned above, there are differences in procedures and requirements with Japan. For example, be aware of the timing of objections, the length of the non-use period, the differences in required documents, etc., and be careful not to miss deadlines in the Japanese sense. Especially in Indonesia, deadlines are strict and there are many cases where extensions are not possible, so be sure to communicate closely with your agent.
If you keep the above points in mind, it will not be difficult for Japanese companies to obtain and maintain trademarks in Indonesia. In fact, in recent years, advances in computerization and speeding up examinations have created an environment in which it is possible to obtain rights relatively smoothly if the procedures are followed appropriately. When expanding your business in Indonesia, please develop a trademark strategy early and strive to secure local trademarks and protect your brand.
Reference link:
Indonesia Ministry of Justice and Human Rights/Directorate General of Intellectual Property (DJKI/DGIP) official website [English/Indonesian]:
Trademark general information page (procedure guide, fee list, etc.)
Online trademark database (PDKI) – Application/registration information search tool
World Intellectual Property Organization (WIPO) “Madrid Member Profiles – Indonesia” [English]: Overview of Indonesia's trademark system
Japan Patent Office "Guide to Preventing Counterfeit Damage (Indonesia Edition)" [Japanese]: Overview of Indonesian trademark system and practical measures
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).