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magine building your business for years—only to lose your brand because someone else registered your trademark first. Unfortunately, this is a common scenario in Indonesia, especially for businesses that delay protecting their intellectual property.
Trademark registration is no longer optional—it’s a legal necessity to protect your brand, reputation, and long-term business growth.
What Is a Trademark?
A trademark is any sign that distinguishes your goods or services from others. This can include a brand name, logo, slogan, sound, or color.
In Indonesia, trademark rights are granted to the first party to register—not the first to use. This means someone else could legally own your brand if they register it before you.
Legal Basis of Trademarks in Indonesia
Trademark protection in Indonesia is governed by Law No. 20 of 2016 on Trademarks and Geographical Indications.
Definition (Article 1 Paragraph 1)
“A trademark is any sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in two-dimensional and/or three-dimensional forms, sounds, holograms, or a combination of two or more elements to distinguish goods and/or services.”
A trademark is more than a name—it’s a legal asset that identifies your goods or services in the market.
What Do You Get by Registering a Trademark?
Trademark registration gives the owner exclusive rights to:
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Use the mark in commerce
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Prevent others from using similar marks
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Take legal action against infringement (Article 83, Law No. 20/2016)
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License or franchise the brand to third parties
Without registration, you cannot take legal action against unauthorized use or infringement.
What Happens If You Don’t Register?
If another party registers a similar or identical mark before you:
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You may lose the legal rights to your own brand
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You could be forced to rebrand
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You cannot sue the other party for infringement
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Your business reputation and customer trust may suffer
The Trademark Registration Process in Indonesia
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Prepare documents: owner identity, logo/design, brand name, description
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Select classification (based on Nice Classification)
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Pay the official fee
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Wait for review and issuance of certificate (typically 1–3 weeks after publication period)
💡 UMKM (Micro/Small Businesses) are eligible for discounted government fees (± IDR 500,000 per class).
Who Should Register Their Trademark?
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Startup founders and entrepreneurs
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Creatives, freelancers, and design studios
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Product-based or service-based businesses
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Digital platforms, apps, and content creators
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Companies planning expansion, franchising, or investment
If your business has a unique name, logo, or identity—you need trademark protection.
AUFAR & Co Law Office provides complete assistance in:
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Trademark clearance search and legal advice
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Filing and managing applications with DJKI
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Drafting licensing agreements
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Representing clients in trademark disputes or oppositions
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International trademark registration (Madrid Protocol)
We ensure your brand is protected legally, efficiently, and professionally.
