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trademark is not merely a name or logo—it is a legal and commercial identity that represents your business reputation, quality, and customer trust. When someone else uses your trademark without permission, it can lead to financial loss, consumer confusion, and serious reputational damage.
But don’t worry—Indonesian law offers several legal mechanisms to help protect your rights and take firm action against infringement.
What Is Trademark Infringement?
Trademark infringement occurs when another party uses a name, logo, symbol, or visual/audio element that is identical or substantially similar to your registered trademark without consent, especially when it causes confusion among the public or leverages your brand’s popularity for profit.
Law No. 20 of 2016 on Trademarks and Geographical Indications
Legal Steps to Take If Your Trademark Is Stolen
1. Collect Evidence of Infringement
Document all indications of the violation, such as:
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Photos of products or packaging
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Screenshots of advertisements, social media, or online marketplaces
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Customer complaints or confusion related to brand similarity
The stronger your evidence, the stronger your legal position.
2. Send a Cease and Desist Letter
A formal cease and desist letter should be sent to the infringer. This letter:
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Is issued by your legal counsel
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States the violation, legal basis, and demand to stop
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Gives a deadline for peaceful resolution
This step often deters the infringer without needing to go to court.
3. Mediation or Negotiation
If the infringer is willing to cooperate, you can opt for alternative dispute resolution (ADR) through:
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Out-of-court mediation
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Direct negotiation with written documentation
This method saves time, reduces legal costs, and helps preserve business relationships.
4. File a Lawsuit in Commercial Court
If the infringer refuses to comply, you can file a civil lawsuit in the Commercial Court. Claims may include:
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Injunction to stop trademark usage
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Compensation for material and immaterial losses
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Public apology or publication of the court decision
Note: You must be the legal owner of a registered trademark to file this type of lawsuit.
5. File a Criminal Complaint (If Applicable)
If the infringement involves criminal acts such as:
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Counterfeit goods
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Distribution of fake products
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Consumer deception
You may report the case to the police for investigation and prosecution.
Why Trademark Registration Is Essential
To take any of the above actions, your trademark must be officially registered with the Directorate General of Intellectual Property (DGIP). A registered trademark grants you:
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Exclusive rights to use the mark
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Legal standing to sue or file complaints
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Protection for 10 years, renewable
Without registration, your legal protection is limited or nonexistent.
Tips to Protect Your Trademark
Conclusion
If someone uses your trademark without authorization, don’t stay silent. Act quickly and strategically using the legal tools available to you. Most importantly, make sure your trademark is officially registered.
Without a trademark certificate, you cannot assert exclusive rights under Indonesian law.
AUFAR & Co Law Office is ready to assist you with:
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Trademark registration with DGIP
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Handling trademark disputes and infringement
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Drafting and sending cease and desist letters
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Representing you in civil or criminal proceedings
