For trademark registration in Indonesia, the legal basis is the Trademark Act of August 1st, 2001.
In Indonesia, trademark protection is obtained by registration, therefore Indonesia follows the first-to-file system. The “First to file” jurisdiction, means that the first applicant who files a trademark application in Indonesia will get the trademark registration.
Registrable as a trademark are all distinctive names, devices, words or characters, pictures, symbols, composition of colors or their combinations. Registration of non-traditional marks is not yet applicable in Indonesia. The following trademark types are registrable: trademarks, service marks and collective marks.
In the Indonesian jurisdiction an application to register a trademark can be filed by either the applicant themselves, or by a trademark attorney. However, the applicant can only file the trademark application themselves if they are a citizen of, or are living in Indonesia. Furthermore, to complete a trademark application, a power of attorney (POA) is needed.
A pre-filing search of the trademark is not mandatory, however it is recommended.
To begin the trademark registration process in Indonesia, the application is first filed at the Directorate General of Intellectual Property Rights (Trademark authority). The trademark authority will not conduct an official search as to prior trademarks, meaning that as soon as the trademark application has been filed the registration process begins. In Indonesia, the entire trademark application process from filing an application to trademark registration is about 14 to 16 months. This time period is for a normal and smooth prosecution, meaning without any oppositions.
The application process in Indonesia starts with the Trademark authority conducting an examination of the filed trademark application. This examination entails that the application is examined with regards to its conformity with the filing requirements and classification, to ensure that the goods and services indeed fall within the class(es) listed in the trademark application to be filed in Indonesia. In addition, the application is also examined in respect of its clarity, descriptiveness, distinctiveness, deceptiveness, and finally whether there is any conflict with an earlier registration or a prior filed application.
After the examination of the trademark application, certain elements of the trademark application are published in the Official Gazette of Marks for opposition purposes. The opposition period starts from the publication date and is for a period of 3 months.
If after the trademark application has been published there are no oppositions the trademark registration is granted to the applicant in Indonesia. Once registration is granted to the applicant, the applicant has exclusive rights to their trademark in Indonesia. The duration of a trademark registration in Indonesia is 10 years, starting from the trademark application filing date. In addition, a trademark is renewable for 10 years from the trademark application date.