trademark registration indonesia - mistakes

3 + 1 Most Common Trademark Registration Mistakes in Indonesia

  • InCorp Editorial Team
  • 20 July 2016
  • 3 minute reading time

In Indonesia, trademark is considered as an Intellectual Property (IP). So it’s important for business people to register their trademarks or go through the trademark registration process correctly due to a high rate of IP piracy in Indonesia.

The awareness of how important a registered trademark for a business is increasing along with the development of business and economic in Indonesia, it’s not only happening for a company who just start its business but also for the company who already established the business for years (see how to set up a business in Indonesia).

Have a legally registered trademark is crucial for whether foreigner and local citizen who wants to run a permanent business in Indonesia, so that trademark owned is safe from possible acts of piracy. Here are the 3 + 1 most common mistakes which business people have to avoid when registering the trademark in Indonesia.

1. Lack of Understanding About the Types of Trademark or Service Mark in Indonesia

Trademark and service mark can be in several types. You need to understand very well and know exactly which type of trademark that you want to use, which class of your trademarks is, and check the availability of that class before you decide to do the trademark registration.

2. Bad Timing in Applying the Trademark Supplication

Trademark registration takes a long time procedure of documents and requirements checking. You need to know the time estimation and checking procedure activities of every step, so you can predict when your trademark registration will done. After you submit the supplication, you will get a receipt and the check process will be start from here.

The process will take about 24 until 34 months to get the legal certificate of your trademark. It’s better for you to work with a professional local partner who is completely understand about the process and procedure of trademark registration. Therefore, it will be more effective and efficient for you regarding the matter of cost and time consuming.

The procedure to get your trademark legally approved takes a very long time. So you have to submit the supplication and do the trademark registration long before. At least 2 or 3 years before you publish the business actively. There is risk if you submit the trademark supplication after you published your business activities.

Your trademark will be easily get exposed and it will be vulnerable to the risk of piracy. Thus, registering your trademark long before you publish the trademark is highly recommended. So you can avoid the risk of duplication and piracy.

3. Not Doing Research For The Similar Trademark

You might think your chosen trademark is the most unique and it’s not existed yet. Well, you can be wrong. Always do the research and check is the trademark that you chose already exist or if someone have the similar trademark.There are many rejected trademark supplications caused by their ideas already owned by someone or a company before they submit the supplications.

Plus 1 Most Common Mistake, Considering Trademark Registration as Expense in Indonesia

Trademark registration takes a lot of cost, indeed. But, all cost that you spend in registering the trademark will bring more benefit. The benefit for you in the future as you can sell your own product with your own brand. So, instead of expense, trademark registration is an investment for your long term business in Indonesia.

If you need more information about trademark registration in Indonesia you can contact Cekindo. Our professional team will assist you registering your trademark.

 

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.

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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.