Can You Register a Hashtag as a Trademark in Indonesia? The Simplest Explanation

When businesses ask whether they can register a hashtag trademark in Indonesia, the question usually comes from a very practical place. Hashtags are no longer just decorative elements on social media—they’re used for campaigns, branding, community building, and sometimes even tied to a product’s identity. So it’s completely normal if you’ve wondered, “Can I actually trademark a hashtag?”

The short answer is yes, but it’s not that straightforward.
The tricky part isn’t the hashtag symbol—it’s whether the phrase behind it meets the trademark requirements.

Can You Trademark a Hashtag? (Yes, But Not Every Hashtag Will Pass)

Here’s the first thing to understand: the Indonesian IP Office (DJKI) doesn’t assess the “#” symbol.
What they evaluate is the word or phrase that comes after it.

A simple example:
If you file #BrandXperience, DJKI will only examine “BrandXperience.”

That phrase must:

• be distinctive,

• not be generic,

• not simply describe the product,

• not be a promotional tagline,

• not be misleading.

That’s why something like #BestDealToday is considered weak—it sounds like a promotional slogan. But if the phrase is more unique, like #XyRanger, the chances of acceptance are much higher.

So the real evaluation isn’t about the hashtag symbol—it’s all about the distinctiveness of the phrase.

How Much Does It Cost to Register a Hashtag Trademark in Indonesia?

Current official DJKI fees:

• UMK around IDR 1,800,000 per class

• Non-UMK around IDR 2,000,000 per class

If you work with a professional, the cost varies depending on what you need—initial search, drafting, response to objections, or assistance during substantive examination.

We often see cases where clients think their hashtag is unique, but after the initial search, it turns out to be similar to an existing slogan. That’s why the preliminary check matters a lot.

Can You Be Sued for Using a Hashtag?

Generally, using the same hashtag on social media is not automatically a violation.
But it becomes a problem when:

1. the phrase in that hashtag is already a registered trademark, and

2. you use it to promote competing or similar products/services.

In that situation, using the hashtag can be seen as taking advantage of someone else’s reputation or causing confusion—and that’s what can trigger a dispute.

If you’re just using a hashtag casually in conversation, it’s usually fine. But for advertising, brand content, or marketing materials, it’s better to be cautious.

How to Protect a Hashtag

If your hashtag is part of a long-term campaign or has become part of your brand identity, here are some ways to strengthen its protection:

1. Use a phrase with real distinctiveness

Promotional lines like #FreshEveryMorning are usually rejected for being too descriptive.

2. Add a brand element

This is the quickest way to make the phrase unique. For example:

• #KROriginal

• #24HoursByMaduraShop

• #XyRangerEveryday

A brand element gives the phrase clearer distinctiveness.

3. Register under the correct class

Protection only works if the class fits your goods or services.

4. Use it consistently

A hashtag that is frequently used and recognized by the public tends to have a stronger position if a dispute arises.

Can You Use Someone Else’s Hashtag?

Technically, anyone can type any hashtag on social media.

But copying a competitor’s hashtag for promotional purposes can create legal issues—especially if the hashtag is registered or strongly associated with a specific brand.

A question we hear all the time:
“Can I use my competitor’s hashtag to drive traffic to my page?”

The honest answer, it’s risky.
It may not lead to immediate consequences, but it can still be considered misleading.

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

Should You Register Your Hashtag?

If your hashtag is only used for everyday content, you probably don’t need to register it.

But if it’s:

• part of a major campaign,

• tied to your brand name, or

• gaining recognition,

then registering it as a trademark is a smart move.

In the end, the process of register a hashtag trademark still follows the basic trademark rules: DJKI will only accept phrases that are distinctive. If your phrase is strong and unique, the registration process becomes much smoother.