If your business operates or plans to enter the Indonesian market, trademark protection does not end once your trademark is registered. Protection should begin by assessing whether your mark is registrable, filing the application correctly, and continuing to monitor and maintain your rights after registration.
This is particularly important for international businesses because trademark protection is territorial. A trademark registered in another country does not automatically receive protection in Indonesia. Indonesia also follows a first-to-file principle, making early registration an important step in securing exclusive rights to a trademark.
What Does Trademark Protection Cover in Indonesia?
Trademark protection gives the owner exclusive rights to a registered mark for the goods or services covered by the registration. Therefore, protection depends not only on the name or logo being used, but also on the scope of goods and services included in the application.
Before filing, businesses should ensure that their mark is distinctive and conduct a trademark search to identify identical or potentially conflicting marks in relevant classes.
A search is important because a mark that appears different at first glance may still create a conflict with an earlier trademark. Identifying potential risks before filing can help businesses avoid unnecessary costs and complications during the registration process.
How Can You Secure Trademark Protection in Indonesia?
Trademark protection generally begins with registration through the Directorate General of Intellectual Property (DGIP). The process includes:
- Conducting a trademark search to identify potential conflicts.
- Assessing the mark’s registrability based on applicable requirements and potential grounds for refusal.
- Determining the relevant classes and goods or services to be protected.
- Filing the application together with the required documents.
- Undergoing examination and publication, during which third parties may have an opportunity to raise objections.
- Completing the registration if there are no obstacles preventing the mark from being registered.
Indonesia’s trademark registration framework was updated through Minister of Law Regulation No. 5 of 2026, which took effect on February 23, 2026, replacing Minister of Law and Human Rights Regulation No. 67 of 2016. One significant change is the acceleration of substantive examination from up to 150 days to 30 days, or up to 90 calendar days where a proposed refusal is issued.
Can You Lose Trademark Protection?
Yes. Obtaining a trademark certificate does not mean the owner can stop managing the trademark after registration.
One important consideration is renewal. Trademark protection has a limited term and must be renewed to remain in force.
Trademark owners should also monitor potential use or applications for identical or similar marks by third parties. Indonesia provides an opposition mechanism during the publication period. AMR notes that the opposition period for a trademark application in Indonesia is two months from publication.
Without proper monitoring, a trademark owner may discover a potentially conflicting application only after valuable time has passed.
How Can You Protect a Trademark After Registration?
Trademark protection should be treated as an ongoing process rather than a one-time registration. Businesses may need to use several strategies throughout the trademark’s lifecycle:
- Trademark monitoring to identify potentially conflicting applications.
- Trademark opposition to challenge problematic applications during the available period.
- Trademark renewal to maintain the registration.
- Licensing and recordals to manage commercial use or changes in trademark ownership.
- Enforcement when unauthorized use or infringement occurs.
AMR Partnership provides services covering trademark search, prosecution, renewal, assignment and licensing recordals, registrability and infringement analysis, and trademark litigation. AMR also provides monitoring and reminder systems to help clients track trademark procedures and important deadlines.
Protect Your Trademark in Indonesia with AMR Partnership
Effective trademark protection requires a strategy that covers search, registration, monitoring, maintenance, and enforcement. For international businesses, working with a local IP partner can help ensure that these processes are handled in accordance with the Indonesian trademark system.
AMR Partnership is an intellectual property law firm established in 1986 and has handled more than 135,000 trademarks. The firm serves both local and global clients and provides solutions tailored to each client’s needs.
With a dedicated Trademark, Copyright, Industrial Design and PVP division and membership in the International Trademark Association (INTA), AMR Partnership assists businesses in securing and maintaining their trademark rights in Indonesia.
Frequently Asked Questions
1. What is trademark protection?
Trademark protection is legal protection for a registered trademark, including exclusive rights to use the mark for the goods or services covered by the registration.
2. Can you lose a trademark if you don’t protect it?
Yes. Trademark owners need to renew their registration and actively monitor potential conflicts, including applications for similar marks by third parties.
3. Is a trademark legally protected after registration?
Yes. Registration provides legal protection in Indonesia for the registered mark and the goods or services covered by the registration. However, owners still need to monitor, maintain, and enforce their rights.
For more information about AMR Partnership, feel free to contact us:
- Phone (Hunting): +62-21-29036668
- Fax: +62-21-29036672 to 75
- WhatsApp Customer Service: Click here to chat
- Instagram: @amrpartnership
- TikTok: @amr.partnership
- Facebook: Law Firm AMR Partnership
- Official Website: www.amr.co.id