Panduan Lengkap Mendaftarkan Merek Dagang di Indonesia

Summary

Registering a trademark in Indonesia is essential for protecting your brand identity and standing out in a competitive market. The process involves understanding the importance of trademarks, preparing necessary documents, checking for existing brands, and submitting your registration. After undergoing examinations and public announcements, your trademark will be officially registered if it meets the criteria. The trademark offers exclusive rights for 10 years, with opportunities for renewal. Legal protection ensures you can take action against infringement. With the right preparation and guidance, registering a trademark in Indonesia can be a smooth and valuable experience for your business.

Takeaways

• 😀 Understand the importance of trademarks: Trademarks protect your business identity, distinguish products or services from competitors, and prevent confusion among consumers.
• 😀 Prepare necessary documents: Essential documents for registration include the trademark registration form, applicant's identity proof, brand specimen, payment proof, and possibly a power of attorney if using a third party.
• 😀 Do a brand check: Before registration, verify that your brand is not already in use by others to avoid conflicts and improve the chances of approval.
• 😀 Submit trademark registration: You can apply manually at the DJKI office or online through the SPRINT system, ensuring the form is filled correctly and all documents are attached.
• 😀 Formality examination: DJKI reviews the application within 15 working days to ensure that all documents are complete and in accordance with requirements.
• 😀 Public announcement period: After passing the formal examination, your trademark will be announced publicly for 2 months to allow third parties to file objections or rejections.
• 😀 Substantive examination: DJKI assesses whether the brand meets all requirements, including similarity with other brands and legal compliance. This process may take several months.
• 😀 Trademark registration decision: If your trademark passes the substantive examination, DJKI will issue an official registration decision and certificate, which provides legal protection.
• 😀 Trademark validity and renewal: A registered trademark is valid for 10 years, and it must be renewed before the validity period expires to maintain protection.
• 😀 Legal protection and action: A registered trademark gives you the right to take legal action against parties that attempt to infringe upon your brand, preserving your business's value.

Q & A

Why is trademark registration important for a business in Indonesia?

Trademark registration is crucial because it protects your business identity, distinguishes your products/services from competitors, and prevents confusion among consumers. It also grants exclusive rights to use the trademark within a specific area.

What documents are required to register a trademark in Indonesia?

The required documents include a filled-out trademark registration form, proof of the applicant's identity (ID card for individuals or a deed of establishment and NPWP for legal entities), an example or specimen of the brand, proof of payment, power of attorney (if applying through a third party), and any other relevant documents.

How can I check if my trademark is already registered in Indonesia?

You can check the availability of your trademark by visiting the official DJKI website or consulting with a trademark expert or legal advisor to ensure your brand isn't already registered by someone else.

What is the process to submit a trademark registration application in Indonesia?

Once you’ve confirmed the trademark is available, you can submit the application manually at the DJKI office or online through the Sprint system. Ensure that you fill out the registration form correctly and attach all the necessary documents.

What happens during the formality examination period of trademark registration?

The DJKI will examine the submitted application to ensure all documents are complete and in accordance with the requirements. This usually takes about 15 working days, and any missing documents will result in a notification asking for completion.

How long does the public announcement period last after trademark submission?

The public announcement period lasts for 2 months, during which third parties can object to your trademark if they believe it is similar or identical to theirs.

What is assessed during the substantive examination of a trademark application?

The substantive examination involves evaluating whether your trademark is eligible for registration based on criteria like similarity to other trademarks, legal compliance, and distinctiveness. This process can take several months, depending on the complexity of the case.

How will I know if my trademark has been successfully registered?

If your trademark passes the substantive examination, DJKI will issue an official trademark registration decision letter. This serves as proof that your trademark is legally protected in Indonesia.

What should I do when the validity period of my registered trademark expires?

A registered trademark in Indonesia is valid for 10 years. To maintain protection, you must renew the trademark before the expiration date to avoid losing your rights.

What can I do if my trademark application faces objections or rejections?

If objections or rejections arise, you can respond with additional evidence or arguments to support your application. If the issue cannot be resolved, the case may be brought before the Commercial Court for further resolution.