Home Blog Registering Trademark in Indonesia: An Important Legal Issue Business Licenses | Business Setup | Group1 | hp-slider | Indonesia | Product Registration Registering Trademark in Indonesia: An Important Legal Issue InCorp Editorial Team 24 March 2016 4 minutes reading time Table of Contents Trademark Registration in Indonesia: What to Do One important lesson we can learn from the IKEA case that failed to claim its IKEA trademark in a dispute with an Indonesian rattan furniture company is you need to carefully register your brand or trademark if you want to enter the Indonesian market. It goes without saying that trademark registration in Indonesia is important. Trademark registering can be so tricky and obviously a daunting process in Indonesia, especially if you are a foreigner owning a foreign company, which is relatively new to Indonesia’s business, political, and legal environment. Of course, you refuse to experience a similar thing to the gigantic IKEA Sweden that has all its reputations world-wide, but loses its trademark dispute case against a national rattan furniture company in Indonesia that claimed to have registered IKEA name for its products since IKEA is the acronym of its founder. Therefore, you absolutely need to reconsider your trademark registration process in Indonesia and choose a reputable market entry consultancy agency to do all the processes on your behalf. Trademark Registration in Indonesia: What to Do To avoid similar case, there are several things to do by the foreign companies in Indonesia related to trademark registration: 1. Registering your trademark in Indonesia is a must, no matter how popular is your brand in the world Based on the Law no 15 Year 2011 on Trademark, you need to have your trademark to be registered officially by the Directorate General of Intellectual Property under the Ministry of Law and Human Right. Otherwise, your brand will not be acknowledged in Indonesia. 2. Do a thorough preliminary research before you file your trademark registration Because there are so many case worldwide on the failure to win trademark disputes because the trademarks have been used by local companies, such as IKEA in Indonesia, Sony in Japan, Samsung in South Korea, and BMW in Germany, you need to first conduct a research prior to your trademark registration. By doing so, you can consider some alternatives in advance before a big dispute happens. Because trademark registration is a long and tiring process, anticipation and proactive actions can save your time, energy, and money. 3. Ask for professional help to do the research You can either do the research personally or as for professional help to do it for you. Remember that this process is usually long, so it is also important that you consider the pending applications. The preliminary search must be conducted with the Trademark Office with the assistance of someone who really understands the bureaucracy and the whole systems. 4. Find a certified translator to translate your document properly Because you need to submit your trademark registration document in Bahasa Indonesia, you need to translate your specification of goods and services into Bahasa Indonesia properly. You need to make sure that the translation of your document would be understandable by native Indonesians. Especially to the officials who involve in your trademark registration process. 5. Fill in the data correctly and consistently When filling the trademark registration form, make sure that you fill them all correctly and consistently, including the name and the address of your company. Everything should be matched well with the other documents submitted together with the file. 6. The mark you registered must be the exact mark The font, color, or anything specify in the document should be used as it is. It means that you are not allowed to use a copied mark with black-and-white color. Because the authority might consider that your mark is black and white. 7. In some cases, you will need to appeal to the trademark appeals commission If your trademark is rejected, you can reverse the decisions in the Trademark Appeals Commission. The process will take you 6-9 months. Because trademark registration is a sensitive issue in any country, it is highly advisable to do it right from the start. As one of the leading market entry and business consulting firms in Indonesia, we have extensive experience in assisting foreign companies and entities in trademark registration in Indonesia. Feel free to contact us if you need further supervision and assistance Read Full Bio Verified by Hotdo Nauli Senior Legal & Delivery Manager at InCorp Indonesia Hotdo heads the Legal and Delivery team at InCorp Indonesia, managing Product Registration, Legal Advisory, and Business Licensing. With over 8 years of experience, she focuses on compliance and integrity, ensuring all client operations align with Indonesian laws and regulatory standards, including contract reviews and sector-specific licenses. She is also a licensed advocate and a member of the Indonesian Advocates Association (PERADI). Frequently Asked Questions Is halal registration required for all products in Indonesia? Under the latest regulations on Halal Product Assurance, the mandatory requirement for halal certification has been expanded to encompass a wide range of consumer products in Indonesia. This change, which was previously voluntary, now dictates that various items must obtain halal certification. Initially, the certification focus has been on food and beverage products, with the deadline for compliance set for October 17, 2024 What are the regulations on product distribution in Indonesia? You will need to register your products with the BPOM (National Agency of Food and Drugs) and MoH (Ministry of Health) before you can distribute them in Indonesia. It can only be registered with an Indonesian legal entity. Your local distributor will register your product in Indonesia under their entity and become the license holder if you distribute via the entity you choose. What are the shareholder rights in a PMA company? Shareholders of a PMA Company in Indonesia have various rights, including voting rights in general meetings, entitlement to dividends and liquidation proceeds, and access to information. They must approve significant matters through general meetings of shareholders with specified quorums, such as: Amending articles of association Changing share capital Appointing or dismissing directors and commissioners Approving major transactions, dividends, and financial statements Company reorganization Can an individual or a business organization be a shareholder in a PMA company, and is there a minimum number required? A limited liability corporation is required by Indonesian company law to have two or more shareholders, who may be either a legal entity or an individual. The foreign investor must find a second shareholder to own shares in the PMA firm for investments that are 100% open, which could be an affiliated party. Get in touch with us. 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