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Trademark Registration in Indonesia
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According to the Indonesia Law of Trademark Number 20 Year 2016, the meaning of Trademark is a brand which used on goods traded by someone or some people collectively agreed or legal entity to differentiate with other. Generally, Trademark registration to protects names, words, slogan and symbols that identify a business and for distinguishes from others brand. Protecting trademarks is an investment in customer goodwill, leading to greater customer satisfaction and higher sales.
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Upon your trademark has been registered, you will be able to use ® symbol and another common symbol associated with trademark is ( ™ ) in order to demonstrate the products and enforceable by law. It also serves as notice to competitors that you are serious about protecting your trademark rights. Registering your trademark grants you protection and the exclusive right to use your trademark in connection to the products and services for which you have registered in a determined country or territory.
Trademark Registration
- Purpose: Protects brand identity and distinguishes goods/services in the market.
- Governing Authority: Managed by the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights.
- Duration of Validity: Valid for 10 years and renewable for additional 10-year periods.
- Application Process: Requires submission of application forms, proof of payment, and trademark representation; can take up to two years for approval.
- Cost: Fees vary: approximately IDR 1,800,000 for general applicants and IDR 500,000 for SMEs per class.
- Legal Protection: Provides exclusive rights to use the trademark and prevents others from using similar marks.
- Enforcement: Trademark owners can take legal action against infringers for unauthorized use.
- Renewal Requirements: Must apply for renewal before expiration; requires continued use of the trademark.
Business License
- Purpose: Authorizes a business to operate legally within a specific jurisdiction.
- Governing Authority: Issued by local government authorities or regulatory bodies, depending on business type and location.
- Duration of Validity: Typically valid until revoked or renewed, with specific terms varying by license type and jurisdiction.
- Application Process: Involves submitting various documents (e.g., business plan, identification) and may require inspections; processing time varies.
- Cost: Costs vary widely based on the type of license and local regulations; may include application fees, inspection fees, etc.
- Legal Protection: Ensures compliance with local laws but does not inherently protect intellectual property rights.
- Enforcement: Local authorities enforce compliance; violations can lead to fines or revocation of the license.
- Renewal Requirements: Renewal may require proof of continued operation and compliance with regulations; specifics depend on local laws.
Advantages of Trademark Registration in Indonesia
Trademark protects against registration of similar marks for either goods or services.
- Discourages others to using similar trademark
- Serves as evidence of the validity and exclusive ownership of Trademark
- Grants the right to use the ® symbol when the mark is used for the goods and services listed in the registration
- To provide facilitating protection of the trademarks as business expands
Document Requirements
To register a trademark in Indonesia, you must meet the following requirements:
- A unique brand name that is not identical to any existing trademarks.
- A clear and complete description of the products or services offered under the trademark.
- Proof of the applicant's identity.
- A specimen of the trademark label or logo.
- The applicant's signature.
- A recommendation letter from a fostered Small and Medium-sized Enterprise (SME) or a Certificate of Fostered SME from the relevant government agency (original document required) for Micro and Small Business (MSB) applicants.
- A stamped MSB statement letter for MSB applicants.
Trademarks cannot be registered if they:
- Conflict with the state ideology, laws and regulations, morality, religion, ethics, or public order.
- Contain elements that could mislead the public.
- Lacking distinctive character.
- Constitute a common name and/or a symbol of public domain.
Register a Trademark in Indonesia with LMI Consultancy
- Consult your inquiry with our professional consultant
- Submit necessary document
- Proceed with the payment
- Application process
- Receive the complete document
Other Popular Legal Licensing Services in Indonesia
Setup a Business in Indonesia with LMI Consultancy
Established in 2016, LMI Consultancy has been supporting countless individuals in understanding the intricacies of visas, business setup, tax & accounting, and property investment in Indonesia, providing a comprehensive and dependable service.Â
We take pride in being an ethical and innovative company that places a strong emphasis on exceptional customer service and strives to set a new standard in our industry, guaranteeing a smooth and encouraging experience for our clients.
FAQ
Can I modify or terminate a registered trademark?
Any changes or cancellations to the agreement must be recorded with the DGIP as well.
What could happen if a trademark is not registered?
Trademarks that are not registered cannot be enforced legally. Consequently, both parties risk disputes and potential misuse of the trademark.
What are the legal requirements for registering a trademark in Indonesia?
The registration process is primarily overseen by Law No. 20 of 2016, which focuses on Trademarks and Geographical Indications.
Disclaimer : Our services in LMI Consultancy provide consulting services focused on ensuring client compliance with applicable immigration and legal regulations in Indonesia. We do not provide or facilitate the production of official government documents, nor do we offer any expedited or preferential access to government services.
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