What is a Trademark (Trademark Registration)?

A Trademark is defined by the Indonesian Law of Trademark Registration No. 20 Year 2016 as a sign used on goods or services to differentiate them from other goods or services. It can be a name, word, slogan, symbol, or any combination that uniquely identifies a business and sets it apart from others. Trademark registration provides legal protection for these identifiers, allowing the business owner to have exclusive rights over them.

Once your trademark is registered, you are granted the right to use the ® symbol (for registered trademarks) and the ™ symbol (for unregistered trademarks) to protect your business identity. These symbols act as a legal notice to competitors that your trademark is protected by law.

Advantages of Trademark Registration

1. Protection from Similar Marks: Registering a trademark prevents others from using a similar mark, which could confuse customers or harm your business reputation.
2. Exclusive Ownership: You gain the legal right to use the trademark for your business goods and services in the territories where it is registered.
3. Legal Enforceability: A registered trademark is recognized by law, and you can take legal action against infringers.
4. Use of Symbols: You are legally allowed to use the ® symbol to show the public that your brand is protected.
5. Expansion: Having a registered trademark facilitates the protection of your brand as your business grows, especially if you plan to operate internationally.

Process of Trademark Registration

1. Filing the Application:

   • Prepare the trademark details, including the meaning of the trademark (if applicable), color scheme, and pictures.
   • If the trademark is in a foreign language (e.g., English), you must translate the meaning into Bahasa Indonesia.

2. Administrative Examination:

   • The Ministry of Law and Human Rights will check whether the application meets all the requirements. If the application is incomplete, you will be given 2 months to revise and resubmit it.

3. Publication:

   • Your trademark application will be published on the Ministry’s website. This gives the public a chance to oppose the registration. If there is no opposition within the specified time frame, the process moves forward.
   • If there is opposition, you can file a counter-statement to reject the objection.

4. Examination:

   • The Ministry will review whether your trademark complies with the laws. If the Ministry refuses the trademark registration, you can respond to the rejection.
   • After the review, it typically takes about 3 months for the Ministry to make a final decision on your trademark.

5. Notification of Issuance of Certificate:

   • If your trademark application is approved, you will receive notification from the Ministry about the issuance of the Trademark Registration Certificate.

6. Issuance of Trademark Registration Certificate:

   • Once approved, the Ministry will issue the Trademark Registration Certificate, confirming your exclusive rights to the trademark.

Trademark Validity and Renewal

• A registered trademark is valid for 10 years from the registration date.
• After 10 years, you can renew your trademark registration for another 10 years. The renewal must be completed 6 months before the expiration date.
• If you miss the renewal deadline, you can still apply within a 6-month grace period, but a penalty fee will apply.

Prohibitions for Trademark Registration

There are specific restrictions for what can be registered as a trademark in Indonesia:

1. Contrary to State Ideology, Legislation, Morality, or Religion: The trademark cannot contradict the nation’s values, laws, or religious principles.
2. Misleading Information: The trademark cannot mislead the public about the origin, quality, type, size, purpose, or any other characteristic of the goods or services.
3. Generic or Common Terms: Trademarks that are purely generic or commonly used in public for goods or services cannot be registered.
4. Lack of Distinction: Trademarks must be unique and distinguishable from others; it cannot be too similar to an existing trademark.
5. Protected Names: Trademarks cannot contain the name of a protected plant variety or similar protected intellectual property.

Trademark registration is a crucial step in protecting your brand identity and securing your business’s success in Indonesia. By registering your trademark, you not only ensure that your brand is legally protected, but you also gain the exclusive right to use your trademark for your business products and services. It helps prevent competitors from using a similar identity, thus safeguarding your market position.

If you’re looking to protect your brand and ensure your business’s longevity, Trademark Registration should be a priority. If you need assistance with the process, feel free to reach out to experts who can guide you through each step, from application to the issuance of the trademark certificate.