Brand and Product Registration
Indonesia is one of a developing economy country making Indonesia one of the highest import
and export countries. Uneven income levels and the high purchasing power of the people
make Indonesia the most vigorous country in international trade.
Products in Indonesia are required to be registered with the product name up to the product itself.
Product name in other words also knows as a Brand. For example, McDonald’s only sells fast food.
The name of McDonald’s became a trademark of the company. Trademarks are also the identity
and representation of company goods and or services traded in the territory of Indonesia.
Trademarks are also company assets that protected by registration to obtain trademark certificates issued by official legal institutions, the Ministry of Intellectual Property Rights.
Brand and Product Registration
Indonesian law regulates trademarks in Law number 20 of 2016 concerning Trademarks and Geographical Indications. According to Article 1 number 1, a mark is a sign that can be displayed graphically, in the form of a picture, logo, name, word, letter, number, the arrangement of colors,
in the form of two dimensions and or three dimensions, sound, hologram, or a combination of two or more such elements are to distinguish goods and or services produced by persons or legal entities
in the trading of goods and or services.
Indonesia registered as a member of the Madrid Protocol in January 2018, when The President of Indonesian, Mr. Joko Widodo issued a Presidential Decree number 92 of 2017. The statement and Presidential decree opened the door for every Foreign company to conduct business in Indonesia.
The Indonesian Government applies the Madrid Protocol principles for its implementation.
These principles are:
| 1. | First to file: the party who registered the trademark for the first time, is entitled to the trademark. |
| 2. | First territories: trademark protection only applies in the country where the registration is made. Trademark does not get protection outside the country where the mark is registered. |
The advantage of being a member is giving permission to each company to apply for a single trademark with one language. And also one fee that has been determined. This system ensures a simpler trademark registration process, cost-effectiveness, and time savings.
How to Register of Trademark in Indonesia?
1. Partner for Registration
Foreign Legal Entities required to involve Intellectual Property Rights Consultants to register trademark registration in Indonesia. The process is that the applicant needs to appoint and prove it with a and Declaration of Ownership. It will allow the appointed consultant to carry out the trademark registration process on behalf of goods and or services.
2. Administrative Check
| A. | Registration is done in Indonesian. If the mark is in English, it must change into Indonesian. |
| B. | Provide information related to the registered mark such as details of colors, images, and numbers, and the purpose of the mark. |
| C. | Checking brand names with a period of 15 days. |
| D. | The Ministry of Law and Human Rights will publish the brand name submitted on the website to find out whether Mark has similarities with other brands. This process takes 150 days. |
| E. | The Ministry of Law and Human Rights issues an announcement to accept or reject the mark after the publication has been made. |
3. Announcement
Registration will be published by Intellectual Property Rights with a period of 3 months for rejection of the party making the claim, the Office of Intellectual Property Rights will issues a Brand Name certificate if there no claim from other party. The Issues of Brand Name will be valid for 10 years and can be extended for 10 years by submitting an extension of at least 6 months from the previous brand name.
Please note that the process of registering a Trademark name has a period of 2 years and the process is quite extensive and the requirements required are very complex, we advise you to be careful in choosing a partner to register. Indoned Consultancy can guide you for each of the stages carried out during the process and provide the latest information for processes. Please feel free to fill in the registration form on this website at the right bottom.
Disclaimer:
The information provided here is based on our long experience. In addition, the process or requirement may vary depending on the specific facts and conditions. Besides, the law and regulations in Indonesia subject to frequent changes. In either case please contact us as your consultant to get an up to date information and accurate advice. More Information click here and You can also follow our social media accounts to see the latest information posts. please click on the following links: Facebook, Instagram, Linkedin, and Twitter.