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Trademark Registration Service

Written by David James Oliver on 15/08/2024
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

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Introduction

Trademark registration is key to protecting a business’s reputation and intellectual property. It is essential for any form of business to safeguard its brand from infringement and ensure exclusive rights to products or services. Our trademark registration service is designed to help businesses navigate the intricacies of the legal process, ensuring that brands are fully protected.

Definition

Trademark registration is the legal process of obtaining exclusive rights to use images, text, numbers, sounds, three-dimensional shapes, or a combination of these thereof to identify and distinguish products or services from those of others. In Indonesia, trademarks are registered with the Directorate General of Intellectual Property (DGIP ), under the Ministry of Law and Human Rights. Once registered, the trademark owner gains the legal right to prevent others from using the same or a confusingly similar mark for related goods or services, thereby protecting the brand’s identity and market position.

The Importance of Trademark Registration

Registering a trademark is a critical step for any business looking to establish and protect its brand. Trademark registration can be applied by a company or an individual. The importance of trademark registration includes:

Exclusive Rights: A registered trademark grants the owner exclusive rights to use the mark in connection with the goods or services it covers, preventing others from using it without permission.
Brand Protection: Trademark registration helps safeguard a brand from infringement and counterfeiting, ensuring that the business’s reputation remains intact.
Legal Recourse: A registered trademark allows the owner to take legal action against unauthorized use or infringement, offering a level of protection that unregistered marks do not have.
Asset Value: Trademarks are valuable intangible assets that can increase in value over time, particularly as the brand gains recognition and reputation.

The Best Time to Engage with Professional Trademark Service

The ideal time to engage with a trademark registration service is as follows:

Launching a New Brand: Before launching a new product, service, or brand, securing a trademark ensures that the brand identity is legally protected from the outset.
Expanding into New Markets: If the business is expanding into new geographical areas, securing a trademark can prevent potential conflicts with existing brands in those regions.
Rebranding: When rebranding or updating the company’s image, registering a trademark for the new elements is crucial to maintain legal protection.
Business Growth: As the business grows, the value of the brand increases, making it more important to protect trademarks to safeguard the investment.

Benefits of Using Trademark Registration Service

There are numerous benefits to using a professional trademark registration service, especially in Indonesia’s complex legal environment:

Expert Guidance: Trademark registration services provide expert advice on the registrability of the trademark, helping to avoid common pitfalls.
Comprehensive Searches: A professional service conducts thorough searches to ensure that the proposed trademark does not conflict with existing marks, reducing the risk of rejection.
Efficient Process: By handling the paperwork and submission process, trademark services save time and reduce the likelihood of errors that could delay registration.
Ongoing Monitoring: Some services offer ongoing monitoring to protect the trademark against potential infringements, ensuring that rights are maintained over time.

Trademark Registration Process

The process of trademark registration in Indonesia involves several steps, each of which is crucial to securing legal protection:

Pre-Registration Search: Conducting a thorough search to ensure that the proposed trademark is not already in use or similar to an existing one.
Application Preparation: Preparing the trademark application, including details about the trademark, its classification, and the goods or services it covers.
Filing the Application: Submitting the application to the Directorate General of Intellectual Property (DGIP) and paying Non-Tax State Revenue (PNBP).
Examination: The DGIP will examine the application for compliance with legal requirements and conduct its search to check for conflicting marks.
Publication: If the application passes the examination, the trademark will be published in the Trademark Gazette for two months during which third parties can oppose the registration.
Internal Examination by DGIP (Substantive Examination): DGIP will check whether the registered trademark is similar to an existing trademark.
Renewal: Trademarks in Indonesia are valid for 10 years from the date of filing and can be renewed indefinitely for additional 10-year periods.

How We Can Help

Our trademark registration service is tailored to meet the needs of businesses operating in Indonesia. With our extensive expertise in the local legal environment and the trademark registration process, we offer comprehensive assistance to ensure your brand is protected. Here’s how we can help:

Preliminary Trademark Search: We conduct thorough searches to identify any potential conflicts, ensuring that your trademark is unique and eligible for registration.

Application Filing: We manage the entire filing process, preparing and submitting all necessary documents to the appropriate authorities with precision and care.

Registration Management: We oversee the entire registration process, tracking the progress of your application and addressing any issues that may arise.

Legal Compliance: Our team ensures that your trademark application adheres to all local legal requirements, minimizing the risk of rejection or legal disputes.

Ongoing Support: We provide continued support post-registration, including monitoring and protecting your trademark against potential infringements.

FAQs

How long does the trademark registration process take in Indonesia? 

The process, from filing to registration, takes from 9 to 12 months, but this excludes opposition challenges from third parties (if any) and opposition from substantive examination (if any), which can lengthen the registration process. The 9-12 month timeframe includes the substantive examination, but this timeline may be extended if the examiner raises objections.

Can a trademark be registered before the business is operational or while it is already running?

Yes, a trademark can be registered both before launching the business and while it is already operational. However, it is generally recommended to register the trademark before launching to ensure brand identity protection and facilitate smoother business operations from the start.

Is an Indonesian trademark protected internationally? 

No, a trademark registered in Indonesia is only protected within the country. To protect a trademark internationally, it will need to be registered in other jurisdictions or consider international treaties such as the Madrid Protocol

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