FAQs on Trademark Protection Indonesia, A Practical Guide You Need to Know

If you’re looking for FAQs on Trademark Protection Indonesia, chances are you’re either planning to file a trademark but still unsure how the process works, or you’re worried because someone out there is using a name or visual that looks a little too similar to your brand. Either way, the goal is the same — you want to make sure your trademark is legally safe.

Below is a breakdown of the most common questions business owners, founders, and brand owners usually ask when searching for FAQs on Trademark Protection Indonesia. Everything is explained in a straightforward while still referring to the relevant provisions under Law No. 20/2016 on Trademarks and Geographical Indications.

1. So, what exactly is considered a “trademark” under Indonesian law?

The definition is laid out in Article 1 point 1, but here’s the simple version:
a trademark is any sign that distinguishes your goods or services from others.

It can be a name, logo, color combination, letters, numbers — or a mix of all of them.
As long as the sign helps consumers recognize and differentiate your product, it can generally be registered.

2. When does trademark protection actually start?

Protection only applies after you file your trademark.
This is clearly stated in Article 3.

Indonesia follows the first-to-file system, meaning whoever files first gets the rights — regardless of who came up with the name earlier.
So if your mark isn’t filed yet, your legal position is still weak.

3. Why do trademarks get rejected during the registration process?

Most rejections occur because they violate Article 20 or Article 21. Common reasons include:

• The mark is too descriptive and lacks distinctiveness (Art. 20(b)).

• It contains misleading or immoral elements (Art. 20(a) & (c)).

• It’s too similar to an existing or pending trademark (Art. 21(1)).

• It imitates or resembles a well-known mark (Art. 21(1)(b)).

In practice, the most common issue is similarity — whether in sound, appearance, or overall impression.

4. How do I make sure my trademark isn’t similar to someone else’s?

The basic step is checking PDKI. That’s your starting point.

But manual searches sometimes miss phonetic similarities or conceptual likenesses. In legal terms, this falls under “persamaan pada pokoknya” — referenced in Article 21(1)(a).

If the mark is important for your business, most founders usually:

• do an initial PDKI search themselves, then

• run a professional trademark search to evaluate rejection risks before filing.

5. What does “persamaan pada pokoknya” actually mean?

It’s a legal term that basically means the government won’t register any trademark that could confuse consumers.

It’s not just about identical logos. Even a name with a similar pronunciation could violate Article 21(1). Assessments usually consider:

• similarity in sound,

• similarity in visual appearance,

• similarity in meaning, and

• overall commercial impression.

If an average consumer could be misled, the mark is likely considered similar.

6. What can I do if someone uses my trademark without permission?

Most cases start with a cease-and-desist letter (somasi). That’s the quickest way to get someone to stop.

You may also:

• file for cancellation if the other party managed to register a similar mark,

• file a civil lawsuit in the Commercial Court to stop the use and claim damages,

• file a criminal report, especially for intentional infringement (Articles 100–102).

All of this becomes much easier when you already have a registered trademark.

7. How long does trademark protection last?

Trademark protection lasts 10 years from the filing date and can be renewed every 10 years.
This is regulated under Articles 35–36.

A common mistake is forgetting renewal timing — ideally, file it one year before expiry to avoid issues.

8. What’s the purpose of TM and ® symbols?

These symbols act more as indicators than legal shields:

• TM means you’re claiming the mark.

• ® can only be used after your trademark is officially registered.

But without registration at the DJKI, neither symbol gives you extra legal protection.

9. Is my Indonesian trademark automatically protected abroad?

No. Trademark protection is territorial.
If you plan to expand overseas, you’ll need to either:

• file directly in each target country, or

• use the Madrid Protocol to handle multi-country filings through a single system.

This is crucial for brands with regional or global ambitions.

10. Can a registered trademark still be cancelled?

Yes.
Under Articles 76–77, a trademark can be cancelled if:

• it should have been rejected in the first place,

• the application was filed in bad faith, or

• it imitates a well-known mark.

So even after registration, disputes can still happen.

READ MORE : How to Trademark Registration in Indonesia: A Simple Guide for You

What You Should Take Away

If you’re looking for FAQs on Trademark Protection Indonesia, here’s what matters most:

• File your trademark as early as possible — first-to-file is everything.

• Run similarity checks before filing.

• Understand Articles 20 and 21 to avoid rejections.

• And if someone uses your mark, the legal paths are clear.

AMR Partnership has extensive experience handling trademark searches, filings, disputes, and enforcement. If you need professional support, they can assist you from start to finish.