What Is a Trademark? Definition and Registration Process in Indonesia

What Is a Trademark?

In general, a trademark is recognized as a sign used to identify and distinguish one product or service from another. In business practice, a trademark may take the form of a brand name, logo, or other visual elements that establish a company’s identity.

Referring to Law No. 20 of 2016 on Trademarks and Geographical Indications (“Trademark Law”), a trademark is broadly defined as any sign that can be represented graphically, such as an image, logo, name, word, letter, number, arrangement of colors, or any combination thereof, including non-traditional forms such as sounds or holograms, which are used to distinguish goods and/or services in commerce.¹

How to Register a Trademark in Indonesia

Indonesia adopts the first-to-file principle, meaning that exclusive rights over a trademark arise only after it has been successfully registered.²

So, how does the trademark registration process work in practice? Broadly, the following are the key stages under the Trademark Law:

Filing of a Trademark Application
The registration process begins with the submission of an application to the Minister through the Directorate General of Intellectual Property (“DGIP”). Currently, applications are generally submitted electronically. At this stage, the applicant must prepare and provide key information, including:³
- The applicant’s identity;
- The trademark label or representation;
- The class of goods and/or services to be protected; and
- The description of the trademark.
Formality Examination
Once the application is submitted, the DGIP conducts a formality examination to ensure that all administrative requirements have been fulfilled.

If any documents or information are incomplete, the applicant will be given the opportunity to rectify the deficiencies within a specified period.⁴

If all requirements are met, the application will be assigned a filing date, which is crucial in determining priority rights.
Publication in the Official Trademark Gazette
Subsequently, the trademark application will be published in the Official Trademark Gazette for a certain period (generally 2 months).⁵

Through this publication, the public has the opportunity to review the application. In this context, a third party may file an opposition if they have a legitimate interest, for example, where the applied-for trademark is similar to an existing trademark or where other grounds indicate that the trademark should not be registered.
Opposition and Counterstatement (If Any)
During the publication period, any party may file a written opposition against the trademark application with the Minister. The opposition must be supported by valid grounds and evidence, particularly to demonstrate that the applied-for trademark should not be registered or should be refused under the Trademark Law.⁶

If an opposition is filed, a copy of the opposition will be forwarded to the applicant within a maximum of 14 days of receipt, allowing the applicant to submit a counterstatement in response.⁷
Substantive Examination
After the publication period ends (and, where applicable, after any opposition process has been concluded), the DGIP proceeds with a substantive examination, which involves a more in-depth assessment of the trademark application. This examination is conducted by an examiner and, where necessary, may involve external experts.

At this stage, any earlier opposition or counterstatement will also be considered in determining whether the trademark is eligible for registration.
Decision: Registration or Refusal
Following the substantive examination, the examiner will determine whether the trademark application can be registered.
If the application is approved, the Minister will:
- Register the trademark;
- Notify the applicant or their representative of the registration;
- Issue a trademark certificate as proof of rights; and
- Publish the registered trademark in the Official Trademark Gazette.
  Conversely, if the application is refused, the Minister will notify the applicant or their representative in writing, including the grounds for refusal.

How Long Does Trademark Protection Last?

Once registered, a trademark is protected for 10 (ten) years from the filing date, and this protection can be extended for subsequent periods of the same duration.

Understanding and properly navigating the trademark registration process is a crucial first step in building a sustainable business. Ensuring that each stage is handled correctly, both from administrative and strategic perspectives, can significantly determine the strength and enforceability of trademark protection in the long term.

For further information on trademark registration, you may contact our Intellectual Property Team at ADCO Law.

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About ADCO Law:

ADCO Law is a law firm that offers clients a wide range of integrated legal services, including commercial transactions and corporate disputes in a variety of industry sectors. Over the course of more than a decade, we have grown to understand our clients’ industries and businesses as well as the regulatory aspects. In dealing with business dynamics, we provide comprehensive, solid legal advice and solutions to minimize legal and business risks.

From Upstream to Downstream, We Understand Your Industry. In complex transactions and certain cases, we actively engage with financial, tax, and environmental specialists, accountants, and law firms from various jurisdictions to add value to our clients. Our strong relationships with Government agencies, regulators, associations, and industry stakeholders ensure that our firm has a holistic view of legal matters.

ADCO Law is a Proud Member of the Alliott Global Alliance (AGA) in Indonesia. Founded in 1979, AGA is one of the largest and fastest-growing global multidisciplinary alliances, with 215 member firms in 95 countries. As a law firm, we also believe in regeneration. To stay abreast of business changes and stay relevant, our formation of lawyers is comprised of the top graduates from Indonesian and international law schools.