Navigating Trademark Registration Challenges in Indonesian Markets
Indonesia is a country with abundant natural resources, trained workforce, and a large growing domestic market. Combined with an improving investment climate and a higher global profile, all the aforementioned capitals would make Indonesia a potential site of investment, especially for business expansions. When companies want to expand their businesses (especially if it is an overseas expansion), many factors will be taken into account. One factor that is very important and must not be overlooked is the comprehension of trademark regulations in the designated country.
The Importance of Trademark Registration in Indonesia
In Indonesia, trademark registration falls under the jurisdiction of the Directorate General of Intellectual Property (DGIP), which operates within the Ministry of Law and Human Rights. The DGIP holds exclusive authority over trademark registrations across all product categories. A key responsibility of this institution is to prevent duplicate or conflicting trademarks from being registered by different parties.
If a company attempts to register a trademark that has already been registered by another party under the same product classification or category, their application will be rejected outright. This means that products bearing identical names within identical classifications cannot coexist legally under separate trademarks. However, if two products share the same name but belong to different classifications or industries—for example cosmetics versus electronics—their trademarks may still be registered independently without conflict.
The legal framework governing this process is stipulated under Regulation of Law and Human Rights No. 67 Year 2016 on Trademark Registration in Indonesia. This regulation ensures clarity around ownership rights while protecting consumers from confusion caused by similar brand names across competing products.
Use And Non-use Investigations
Use And Non-use Investigations: Why They Matter
Integrity Indonesia frequently receives inquiries from international companies facing challenges during trademark registration processes due to pre-existing registrations bearing identical names. In many cases, these earlier-registered trademarks are linked to products that do not actually exist or circulate within Indonesian markets, a situation known as “non-use.”
To address this issue effectively before proceeding with registration applications, Integrity Indonesia conducts thorough use-and non-use investigations designed specifically for such scenarios:
- Use investigation. Verifies whether goods associated with an existing trademark are actively sold or distributed in Indonesian markets.
- Non-use investigation. Confirms if certain registered trademarks have remained dormant without any commercial activity over time.
These investigations involve comprehensive checks through DGIP’s official database followed by field surveys conducted across major cities where client expansion plans are focused.
How Use And Non-use Investigations Protect Your Business Assets
Trademark investigations begin at DGIP’s database level where details about existing registrations—including registrant identity (company or individual), address information, product classification codes, logo designs associated with marks, registration dates as well as expiration timelines—are meticulously reviewed.
Following initial data collection:
- A discreet inquiry may be made directly toward registrants (companies/individuals) regarding actual usage status.
- Field surveys take place targeting retail outlets relevant to specific product categories.
- Store visits include requests for signed statement letters confirming whether particular branded goods are available on shelves.
- These statements serve as crucial evidence supporting claims related either to active use or non-use during subsequent legal procedures such as Cancellation Actions against dormant marks blocking new registrations.
By providing clients detailed reports combining database findings plus real-world market conditions observed during surveys Integrity Indonesia empowers businesses:
- To safeguard intellectual property assets effectively,
- To avoid costly disputes arising from conflicting trademarks,
- To make informed strategic decisions minimizing risks tied especially when entering foreign jurisdictions like Indonesia,
and ultimately ensuring smoother business expansions backed by solid legal protections around their brands’ identities through proper trademark management practices.
Should you need more detailed information about the use and non-use investigation and how we can help you with other mitigation solutions, do not hesitate to contact our sales representative via info@integrity-asia.com
