Trademarks Law in Indonesia
Hereβs a comprehensive overview of Trademark Law in Indonesia:
π Legal Framework in Indonesia
1. Primary Legislation
Law No. 20 of 2016 on Trademarks and Geographical Indications
This law governs trademark registration, protection, and enforcement in Indonesia, replacing the older Law No. 15/2001.
2. Regulations
Implementing regulations and guidelines issued by the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights.
π‘οΈ What Can Be Registered?
Registrable marks include:
Words, letters, numbers
Logos, images, colors
3D shapes
Holograms, sounds (recently included)
Combinations of these
A trademark must:
Be distinctive
Not be misleading, immoral, or contrary to law and order
Not conflict with prior rights or geographical indications
βοΈ Rights Granted
Trademark registration gives the owner:
Exclusive rights to use the mark for the listed goods/services
Right to license, assign, or franchise the trademark
Right to oppose, cancel, or sue for infringement
π Duration of Protection
Initial term: 10 years from the filing date
Renewable indefinitely in 10-year increments
A grace period of 6 months is available for late renewal with penalty
π International Treaties
Indonesia is a member of:
Paris Convention
Madrid Protocol (joined in 2017)
TRIPS Agreement
Nice Classification (used for classifying goods/services)
ποΈ Administration
Trademarks are administered by the Directorate General of Intellectual Property (DGIP)
Website: https://dgip.go.id
Applications are examined for:
Formality
Substantive grounds (distinctiveness, prior rights, etc.)
Followed by a 2-month publication period for opposition
π Enforcement
Trademark rights can be enforced through:
Civil courts β for damages, injunctions
Criminal prosecution β in cases of counterfeiting
Administrative actions β cancellation or invalidation via DGIP
Customs β can block import/export of counterfeit goods
β Other Key Points
Use requirement: Trademarks must be used; non-use for 3 consecutive years can result in cancellation.
Well-known marks have broader protection, even if unregistered.
Indonesia also recognizes collective marks and certification marks.
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