Methods of Trademark Registration in Indonesia: Online and Offline
Pursuant to Article 4 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, trademark registration in Indonesia can be submitted both online and non-online (offline).
- Online Registration: Applications are processed through the official website at www.merek.dgip.go.id.
- Domestic Applicants: May create their own application account or seek assistance from an official Intellectual Property (IP) Consultant registered with the Directorate General of Intellectual Property (DGIP) of the Ministry of Law of the Republic of Indonesia.
- Foreign Applicants: Cannot create a direct account on the website. They are required to use the services of an official and registered IP Consultant in Indonesia.
- Non-Online (Offline) Registration: The DGIP office still accepts physical applications by visiting the service counters at the DGIP office, where applicants will be guided by DGIP officers.
Madrid Protocol
As Indonesia is a member of the Madrid Protocol, the DGIP can receive trademark applications directly from the WIPO (World Intellectual Property Organization) office. However, if a trademark filed via the Madrid Protocol receives a Provisional Refusal from the Indonesian DGIP, the trademark owner must appoint an official registered IP Consultant in Indonesia to file a response to said refusal.
Requirements for Trademark Registration in Indonesia
The requirements for filing a trademark application in Indonesia are as follows:
- Full name, nationality, and address of the Applicant.
- Label/Logo: Including specific colors if the trademark uses color elements.
- The name of the country and the date of the first trademark filing if the application is filed using a Priority Right.
- The class of goods and/or services, along with a detailed description of the types of goods and/or services.
- Statement of Ownership: This document is generated directly from the DGIP website after the application is submitted.
Trademark Applications with Priority Rights
Based on Article 10 of Law No. 20 of 2016, it is stipulated that:
“An application using Priority Rights must be filed within a maximum period of 6 (six) months from the Filing Date of the first trademark application received in another country that is a member of the Paris Convention for the Protection of Industrial Property or a member of the Agreement Establishing the World Trade Organization.”
Key Provisions:
- Translation: According to Article 11 Paragraph 2, Priority Documents must be translated into Indonesian by an official sworn translator in Indonesia.
- Deadline: According to Article 11 Paragraph 3, the Priority Document must be submitted within 3 months of the filing date of the application using priority rights.
- Consequence: If the translated priority document is not submitted within the timeframe, the application will still be processed by the DGIP, but the Priority Right will be forfeited.
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