Trademark Registration to Protect Your Business

In today’s highly competitive business environment, having a unique product or service is not enough. What makes a business stand out and build long-term trust is its brand identity—and the most effective way to protect that identity is through trademark registration.

Whether you are a small business owner, an SME, or a multinational corporation, securing your trademark provides legal protection, boosts credibility, and creates significant value for your business. This article explores what a trademark is, how to register it in Indonesia, and the key benefits of trademark protection.

What is a Trademark?

A trademark is any sign, logo, word, phrase, symbol, design, or a combination thereof that distinguishes one company’s goods or services from those of others. In Indonesia, trademarks are regulated under Law No. 20 of 2016 on Trademarks and Geographical Indications.

Examples of trademarks include:

• Logos: The Nike “Swoosh” or Apple’s iconic logo.
• Brand Names: Coca-Cola, Samsung, Gojek.
• Taglines/Slogans: “Just Do It” (Nike), “Because You’re Worth It” (L’Oréal).
• Packaging Design: Unique product packaging that makes a brand recognizable.

Trademarks can cover products (goods) or services, giving businesses exclusive rights to use them within their industry classification.

Why Trademarks are Crucial for Businesses

1. Legal Ownership
   • Trademark registration provides exclusive rights and legal ownership over your brand.
   • Prevents others from using or copying your brand identity without permission.
2. Brand Recognition
   • Helps consumers easily identify and trust your products or services.
   • Strong trademarks create long-term customer loyalty.
3. Asset Value
   • A registered trademark is an intangible asset that can be valued, licensed, or even sold.
   • Many large companies’ brand values exceed their tangible assets.
4. Market Expansion
   • Essential when expanding into new regions or going global.
   • Registered trademarks make international protection easier through treaties like the Madrid Protocol.

Steps to Register a Trademark in Indonesia

Trademark registration in Indonesia is overseen by the Directorate General of Intellectual Property (DGIP or Direktorat Jenderal Kekayaan Intelektual – DJKI). Here’s the step-by-step process:

Step 1: Trademark Search

• Conduct a search on the DGIP database to check if the proposed mark is already registered.
• A search helps avoid rejections due to similarity.

Step 2: Prepare the Application

Documents required:

• Applicant’s ID (KTP for Indonesian citizens, passport for foreigners).
• NPWP (tax number) if applicable.
• Clear representation of the trademark (logo, word, or symbol).
• Power of Attorney (if using an IP consultant).
• Class of goods/services based on the Nice Classification (45 classes).

Step 3: Submit the Application

• File the application through the DJKI online system (merek.dgip.go.id).
• Pay the registration fee (around IDR 1.8 million for individuals and IDR 2 million for companies per class).

Step 4: Formal Examination

• DGIP examines the application for completeness of documents.

Step 5: Substantive Examination

• DGIP checks if the trademark is distinctive and not similar to existing trademarks.
• This stage may take up to 9–12 months.

Step 6: Publication

• The trademark application is published in the Official Gazette for 2 months.
• During this period, third parties can file objections if they believe the trademark conflicts with theirs.

Step 7: Certificate Issuance

• If no objections are raised or the objections are rejected, DGIP issues a trademark certificate.
• Validity: 10 years from filing date and renewable indefinitely for another 10 years.

Benefits of Trademark Protection

1. Exclusive Rights

Only the trademark owner has the right to use the mark in connection with specific goods or services.

2. Legal Enforcement

Trademark owners can take legal action against counterfeiters or businesses that use similar marks.

3. Business Credibility

Registered trademarks enhance business credibility in the eyes of clients, partners, and investors.

4. Asset Monetization

• Can be licensed to other companies (franchising, distribution).
• Can be sold or transferred, generating additional revenue.

5. Global Expansion

Trademark registration in Indonesia allows businesses to extend protection abroad via the Madrid Protocol, making global expansion easier.

Common Mistakes to Avoid

• Skipping the search process → leads to rejection due to existing similar marks.
• Using generic names → trademarks must be distinctive and not descriptive.
• Not renewing on time → trademarks must be renewed every 10 years.
• Failure to enforce rights → allowing infringement without action can weaken trademark protection.

Tips for Successful Trademark Registration

1. Choose a distinctive and memorable mark that sets your business apart.
2. Conduct a comprehensive search before filing.
3. Hire a professional IP consultant if unfamiliar with the process.
4. Plan for international expansion by selecting a brand name that works globally.
5. Maintain proper documentation to prove consistent use of the trademark.

Conclusion

Trademark registration is a critical step for businesses that want to protect their identity, build brand recognition, and secure long-term growth. In Indonesia, the process involves a structured application through DGIP, from conducting a search to receiving a certificate valid for 10 years.

The benefits are far-reaching: exclusive rights, legal protection, credibility, monetization opportunities, and easier global expansion. While the process may seem complex, with the right preparation and guidance, trademark registration is a powerful investment for your business future.

By securing your trademark today, you are not only protecting your brand but also strengthening the foundation of your business in a competitive marketplace.