Registering a trademark in Indonesia helps you safeguard your intellectual property rights and allows you to file legal action against individuals and entities who may be taking advantage of your logos and marks.
Your brand is one of the most valuable assets of your company. And thanks to the connectivity of the digital age and globalization of commerce, you can now expand your brand’s reach to other parts of the world. But before doing this, you need to register your trademark to protect your brand’s logo, slogan, and insignias from copycats or competitors that might deceive your target market.
A trademark is a collection of signs, words, colors, or symbols that can clearly distinguish your goods and services from other companies. Brand design, slogans, graphics, logos, slogans, and colors can be trademarked. All these are considered part of your company’s intellectual property.
With Indonesia currently experiencing rapid economic growth, you might be seeing this as the perfect time and opportunity to register a trademark. This way, you can legally protect your intellectual property and go after individuals or entities who are using your logos and marks without authorization.
Registering a trademark in Indonesia, however, follows a long procedure. But to give you the basics, read on below:
1. Pick a Strong Mark
Choosing a strong mark, be it a name, sound, or symbol, needs to be the first thing you do to qualify for trademark protection in Indonesia. If you don’t select a strong mark, your trademark registration process could be delayed or denied altogether. Therefore, make sure to take your time and consider several aspects, including;
- Type or format of the mark
- A unique design mark, which is the stylized design such as a logo with or without letters
- Character mark which comprises of a word or a group of words
- Distinctive sounds, like a jingle campaign or tune
To be granted registration and protection, your trademark must be strong, unique, and distinguishable from any other registered trademark. It should not look or even sound similar to another registered company or product. Moreover, it should not use location, descriptive, or generic words. You may consult an Indonesian intellectual property lawyer to help you choose a strong mark.
2. Seek Professional Guidance
If you’re a foreigner, the law in Indonesia expects you to consult an Intellectual Property Consultant when registering for a trademark. Therefore, you’re expected to sign a Power of Attorney (POA) as well as a Declaration of Entitlement that gives a local attorney the authority to represent you. Your Indonesia-based lawyer will also help you carry out an extensive trademark search in Indonesia and submit the trademark application form.
3. Carry Out a Trademark Search
You need to ensure that your proposed trademark complies fully with the Indonesian Trademark Act No 15 of 2001. It’s important to do this to ensure there’s no other legal entity in Indonesia that has already registered your proposed trademark. Don’t worry, you can make use of the WIPO Indonesia Trademark Database to make your search easier. Besides, your lawyer and intellectual property officers can assist you throughout this step.
4. Trademark Registration
Registering your trademark at the Directorate General of Intellectual Property is the last step you should take to finalize this entire process. Even at this stage, it’s still best to work alongside an intellectual property consultant to increase the probability of getting approved.
Tips to Observe When Registering a Trademark in Indonesia
Registering for a trademark in Indonesia can be very difficult and confusing if you’re unfamiliar with the legal, political, and business environment of the country. Fortunately, here are a couple of useful tips that can be of great help in ensuring your trademark registration process would be a success:
- Make sure to enter the information correctly and consistently as you file the brand name enlistment structure.
- Always work with a certified interpreter to help you decode your report correctly. You must do this to make sure your report is interpreted as acceptable to the Indonesian locals, more so the authorities who will be included during the process of brand name enrollment.
- Ensure your mark doesn’t look similar to another local, regional, or international business, as this might bring about confusion and the eventual denial of your application.
- Be patient during trademark application, as this process in Indonesia typically takes between 12 to 24 months.
Registering a trademark in Indonesia helps you safeguard your intellectual property rights and allows you to file legal action against individuals and entities who may be taking advantage of your logos and marks. This way, you can protect your business from malicious parties who might end up ruining your company’s reputation and profitability. If you still don’t know how to start, you can always consult a practicing lawyer or intellectual property officer in Indonesia.