trademark indonesia

Importance of Trademark Registration in Indonesia

  • InCorp Editorial Team
  • 23 November 2017
  • 4 minute reading time

Here’s the interesting thing about registration of trademark Indonesia: it is not mandatory for you to do so. But numerous legal cases have also proven how it is always the wisest move for any business.

First, What Is a Trademark?

A trademarkis any distinguishing symbol, character, word, phrase, or illustration that relates to your business, especially your product and/or service. It’s what makes you unique from all other similar brands or businesses and makes you more easily identifiable to your customers. For example, if you’re shopping for a pair of shoes and you see a check mark from afar, you already know it’s Nike even if you have not seen the name yet.

Some tend to interchange the term with “patent” or “copyright,” but as illustrated by the US Patent and Trademark Office, these are all different though related.

Why Should You Register a Trademark?

The reasons for trademark registration apply not only in Indonesia but also anywhere else in the world where you’re planning to set up your business.

Related article: Trademark Registration in Indonesia Simplified

Nevertheless, we’ll also write in the context of the Indonesian law:

1. First to File

Under #15 of the 2001 Trademark Act, the country follows the first-to-file method. It means the first person or legal entity that files for a particular trademark Indonesia will be given priority for its use.

Why is this important? It’s not unusual for some brands to establish a good reputation in the industry only to lose everything because they failed to file a trademark. You can always challenge the other business over the use of. For instance, your company name or even logo, but expect to go through a very challenging legal battle you are less likely to win.

2. Exclusive Protection

A trademark registration doesn’t guarantee other businesses won’t imitate or even infringe your intellectual property (IP). But, this could give you the upper hand and the confidence. Carrying the trademark or the copyright logo may also reduce the risk of other businesses from stealing IP from you.

3. Unified Brand Recognition

Indonesia is one of the newest members following Madrid System. Under this protocol, which the country will adopt effective 2 January 2018, companies can already submit a single trademark application, which may be recognized by other 100-plus members of the organization. Not only does it save time and money for businesses, it also opens opportunities for a more expansive international trade. Your trademark, in the process, can be helpful in creating a unified brand – that is, your customers can recognize you no matter where they go.

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Read also: 5 Most Common Trademark Registration Mistakes: What Your Business Should Avoid

We’ll Help You with Registration of Trademark Indonesia

Filing for a trademark Indonesia is not an easy process. Although there’s an effort to speed it up, it still takes about 12 to 24 months to complete. Moreover, you cannot register it unless you have a local IP consultant.

Cekindo is the ideal solution for foreign companies that wish to establish a brand in the country. We have business consultants and lawyers thatspecialize in trademark registration and laws. Not only can we be your IP consultant with a power of attorney and entitlement declaration; we can do the legwork.

Cekindo has a comprehensive network and database we can tap to perform initial searches. We can help organize your documents to ensure there will be no delays during the processing. Our company is here to guide and advise you on the legalities involving trademark registration in Indonesia. Our services include but not limited to important changes to certain provisions.

To complement our trademark registration service, you can also work with us once you’re ready to register your company or your product. We are also experts in processing business and import licenses.

Don’t give others the opportunity to steal your brand. Protect it with a trademark Indonesia. Contact us today for more information.

Pandu Biasramadhan

Senior Consulting Manager at InCorp Indonesia

An expert for more than 10 years, Pandu Biasramadhan, has an extensive background in providing top-quality and comprehensive business solutions for enterprises in Indonesia and managing regional partnership channels across Southeast Asia.

Get in touch with us.

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Disclaimer: The information is provided by PT. Cekindo Business International (“InCorp Indonesia/ we”) for general purpose only and we make no representations or warranties of any kind.

We do not act as an authorized government or non-government provider for official documents and services, which is issued by the Government of the Republic of Indonesia or its appointed officials.

We do not promote any official government document or services of the Government of the Republic of Indonesia, including but not limited to, business identifiers, health and welfare assistance programs and benefits, unclaimed tax rebate, electronic travel visa and authorization, passports in this website.

Frequent Asked Questions

You can transfer the license as long as your current local distributor agrees to change the product license holder. The procedure will be different for each product category. We can only recommend you try to prevent these issues by setting cooperation with a trustworthy partner from the beginning

Before you can distribute your products in Indonesia, you will have to register your product with the BPOM (National Agency of Food and Drugs) and MoH (Ministry of Health). Only an Indonesian legal entity can register the product. If you decide to distribute your product via a local distributor, they will register the product under their entity in Indonesia and become the product license holder. Cekindo can act as your local distributor and register the product under its name.