Trademark Registration

Trademark

Provisions related to trademarks are regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications which have been partially amended through Law Number 11 of 2020 concerning Job Creation ("Trademark Law").

Article 1 paragraph (1) of the Trademark Law states that a mark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in 2-dimensional and/or 3-dimensional form, sound, hologram, or a combination. of these 2 or more elements to distinguish goods and/or services produced by individuals or legal entities in the activities of trading goods and/or services (“Marks”).

The Trademark Law provides protection to registered trademark holders who have rights over their management (“Rights to Trademarks”). Article 35 of the Trademark Law provides legal protection for trademark rights over registered marks for 10 years and can be extended for the same period.

Trademark Registration Requirements

Documents that must be prepared in conducting online trademark registration can be viewed and downloaded at the following link:

https://www.dgip.go.id/menu-utama/merek/syarat-prosedur

Trademark Registration Stages

1. Create an account at https://merek.dgip.go.id/ (“Applicant Account”)
2. Order a Non-Tax State Payment (PNBP) billing code (“Billing Code”)

• The Billing Code can be ordered through the Applicant's Account.
• PNBP Fee:

1. for general applicants is Rp. 1,800,000/per class
2. for Micro and Small Business Applicants is Rp. 500,000/ per class

• Brand class types are divided into 2 (“Brand Class”):
  1. for Trade class class numbers 1-34; and
  2. for Class service class number 35-45
• An applicant may apply for a Mark registration with a class number of more than 1 class.
• PNBP payment must be made within 7 days after ordering the Billing Code.
• The Billing Code that has been paid for must be immediately applied for a trademark within 14 days.

3. Brand Registration:

• Login to Applicant's Account
• Enter the Billing Code that has been paid
• Fill in Applicants data
• Select the Brand Type to be submitted (image, text, three-dimensional, sound)
• Do a class search that matches your line of business
• Then enter the digital signature on the attachment tab
• Download the receipt and a statement letter of Mark registration.

Notes:

1. Before registering a Mark, it is highly recommended to check the availability of the Mark you wish to register. (“Brand Check”). Brand Checking can be done through https://pdki-indonesia.dgip.go.id/
2. If you are confused about the Brand Classification of your business, you can check the Brand Classification through. 

- Written by Rizky Prakoso -