Imagine spending years building a brand, investing in its identity, growing its reputation across markets, and then arriving in Indonesia only to discover that someone else already owns your name there. That is not a hypothetical. It happened to one of the most recognised fashion brands in the world.
Ralph Lauren, the global powerhouse behind the Polo brand, found itself locked in a protracted legal dispute in Indonesia after a local party registered a similar mark first. Despite decades of international recognition, global brand equity, and widespread commercial use, none of that counted in Indonesian law. The principle is straightforward and uncompromising: in Indonesia, ownership belongs to whoever registers first, not whoever used the mark first.
If it can happen to Ralph Lauren, it can happen to any business. And for foreign investors entering the Indonesian market, this is simply a practical caution that deserves immediate attention.
What Exactly is a Trademark, and Why Does it Matter Here?
A trademark is what sets your business apart. It is the name people recognise, the logo they trust, the symbol that carries your reputation. In Indonesia, trademarks can cover names, logos, words, letters, numbers, symbols, or combinations of these, and the law also extends protection to less conventional forms such as sounds, holograms, and three-dimensional marks.
For any individual or business operating in Indonesia, registering a trademark is not simply a legal box to tick. It is the mechanism through which you claim exclusive ownership of your brand in this market. Without it, your brand is essentially unprotected, and in a jurisdiction that runs on a first-to-file basis, that is a risk no serious investor should take lightly.
A registered trademark gives you the exclusive right to use your mark commercially, license it to others, and pursue legal action against anyone who infringes it. The certificate issued upon registration is your formal proof of ownership — and without it, you have very little to stand on if a dispute arises.
The Legal Framework Behind It All
Indonesia’s trademark system is grounded in Law No. 20 of 2016 on Trademarks and Geographical Indications, which modernised the country’s intellectual property regime and brought it broadly in line with international standards. Supporting this are several key implementing regulations:
- Government Regulation No. 22 of 2018, covering international registration under the Madrid Protocol
- Government Regulation No. 28 of 2019, governing official fees for trademark registration
- Government Regulation No. 90 of 2019, establishing the Trademark Appeal Commission
The most important principle to internalise is the first-to-file rule. Indonesia does not reward prior use. It rewards prior registration. No matter how long you have been using your brand elsewhere in the world, if another party files in Indonesia before you do, they acquire legal rights to that mark in this country. This is not a loophole — it is the law, and it applies equally to local businesses and international giants.
Why Should You Register Your Trademark in Indonesia?
Some foreign investors treat trademark registration as something to deal with later, once the business is up and running. This is one of the most common and costly mistakes made when entering the Indonesian market. Here is why registering early is not just advisable — it is essential:
- It gives you legal protection against infringement and imitation, which is a real and ongoing risk in a competitive market
- It grants you exclusive commercial rights, so only you can use, license, or profit from your mark in Indonesia
- It puts you in a far stronger position if a dispute or opposition arises during registration or after
- It enables licensing and franchise arrangements, which many business models depend on
- It adds credibility and asset value to your business, particularly if you are planning for investment, acquisition, or partnership
Delaying registration, even by a few months, creates a window for third parties to file similar marks. Once that happens, the process of resolving the conflict is expensive, time-consuming, and never guaranteed to go your way.
When Do You Need to Register?
If any of the following apply to you, trademark registration should be on your immediate agenda:
- You are launching a new brand or product in Indonesia
- You are expanding your international business into the Indonesian market
- You are entering a franchise, licensing, or partnership agreement
- You are preparing for a business acquisition or investment round
- You are building an e-commerce or digital presence in the country
- You are concerned about local imitation of your existing brand
The honest answer is that if you are doing business in Indonesia under any brand name at all, you should be registered.
Who Needs to File?
Trademark registration is relevant across a wide range of business types, but it is particularly critical for:
- Foreign companies entering Indonesia for the first time
- Startups building brand recognition in the local market
- Franchisors and licensors establishing Indonesian operations
- E-commerce businesses with Indonesian customers
- Any investor whose business value is closely tied to brand identity
For foreign applicants, especially, the advice is consistent: file before you launch, not after.
What Documents Do You Need?
The requirements differ slightly depending on whether you are an individual or a legal entity.
For individual applicants:
- Copy of passport
- Trademark label or logo
- Signed declaration of ownership
- Power of attorney (if using a registered attorney)
For legal entities:
- Company incorporation documents
- Tax identification (if applicable)
- Trademark label
- Statement of ownership
- Power of attorney
Making sure your documents are complete and correctly prepared from the start will save you significant time. Even minor administrative gaps can cause delays during the examination process.
How Does the Trademark Application Process Work?
The registration journey involves several stages, each with its own timeline and requirements.
Before you file anything, it is worth conducting a trademark search through the DJKI database at https://haki.id/ to identify whether similar marks already exist. This step alone can save you from investing in a registration process that is likely to face opposition.
Once you are confident your mark is registrable, the application is submitted electronically through the Directorate General of Intellectual Property (DJKI).
From there, the process moves through formal examination, where administrative completeness is checked, and then substantive examination, where the mark is assessed for distinctiveness and potential conflicts with existing registrations.
After substantive examination, the mark is published for public review. During this window, third parties who believe your mark conflicts with theirs may file an opposition.
If no opposition arises, or if any opposition is resolved in your favour, the trademark is registered and your certificate is issued, providing ten years of legal protection that can be renewed indefinitely every decade thereafter.
In case the prosecution process goes smoothly, it takes an average of 12-14 months to obtain a trademark registration in Indonesia.
A Few Things Foreign Applicants Often Get Wrong
Navigating an unfamiliar IP system in a foreign language while simultaneously trying to set up a business is genuinely challenging. The most common missteps foreign applicants make include:
- Filing too late, after operations have already commenced, leaving the brand exposed during the critical early period
- Choosing the wrong classification of goods or services, which limits the scope of protection and can leave gaps that competitors exploit
- Overlooking the opposition window, and failing to monitor whether any third parties have challenged the registration
- Not using a registered IP attorney, and submitting applications with errors or incomplete documentation that delay the process
- Neglecting renewal and allowing protection to lapse after ten years, which reopens the mark to third-party filing
Working with a professional who understands both the Indonesian IP system and the specific needs of foreign investors makes a measurable difference in the speed, accuracy, and outcome of the registration process.
Protect Your Brand Before You Need To
The Polo case is a compelling reminder that no brand is too well-known to be caught out by a first-to-file jurisdiction. In Indonesia, the question is never “how recognised is your brand globally?”, it is “did you file here first?”
Trademark registration is not a formality to be scheduled after the more exciting parts of market entry. It is a foundational step that protects everything you are building. Done early and done correctly, it gives your business a secure legal footing from day one and removes one of the most avoidable sources of risk in the Indonesian market.
At LMI Consultancy, we work with foreign investors at every stage of the trademark registration process, from initial searches and application filing through to opposition management and renewal. If you are entering the Indonesian market, let us help you protect the brand you have worked hard to build.
