How to Register a Trademark: Complete Guide for Entrepreneurs

What Is a Trademark?

A trademark is a sign used in the trade of goods or services to distinguish one company’s products from those of others. Trademarks may consist of words, images, logos, names, letters, numbers, color arrangements, or combinations of these elements. Understanding what a trademark is forms the foundation of the trademark registration process, which ensures your brand is legally protected and recognized in the marketplace

In Indonesia, trademarks are protected under Law No. 20 of 2016 on Trademarks and Geographical Indications. This legal protection grants exclusive rights to registered trademark owners, enabling them to use their trademarks and prevent others from using identical or similar ones.

I. Why Should You Register Your Trademark?

Registering a trademark offers several important benefits:

1. Legal Protection: A registered trademark is protected by law from unauthorized use.
2. Exclusive Rights: The owner gains exclusive rights to use the trademark on the registered goods/services.
3. Business Asset: A trademark can become a valuable asset that increases the business’s value and may be licensed.
4. Professional Image: A registered trademark (with the ® symbol) signals professionalism and business credibility.
5. Legal Basis for Lawsuits: In the event of infringement, the trademark owner has a strong legal foundation to sue.

II. Preparation Before Trademark Registration

1. Conduct a Trademark Search

Before applying, it’s essential to ensure your trademark is not identical or similar to any existing ones.

How to search:

• Online Search via DJKI
  1. Visit: https://pdki-indonesia.dgip.go.id/
     
  2. Select “Merek”
  3. Enter your trademark name and variations
  4. Filter by the relevant Nice class
  5. Review trademarks with “Registered” and “In Process” status
• Additional Search
  1. Google and other search engines
  2. Global WIPO trademark database:  https://www3.wipo.int/branddb/en/
     
  3. Social media and online marketplaces

2. Determine Product/Service Class

Trademarks are registered based on Nice Classification, which has 45 classes:

• Classes 1–34: Goods/products
• Classes 35–45: Services

Popular classes in Indonesia:

• F&B/Restaurants : Classes 29, 30, 43
• Fashion : Classes 25, 35
• Tech/Apps : Classes 9, 42
• Cosmetics : Class 3
• E-commerce : Classes 35, 9, 42

Tip: Register your trademark under all classes relevant to your current business and future expansion. Fees apply per class.

3. Prepare Registration Documents

Required documents:

• Applicant’s or company director’s ID (KTP)
• Tax ID (NPWP – personal or company)
• Deed of establishment and Ministry of Law and Human Rights approval (for legal entities)
• Trademark label sample (JPG/PNG, min. 5×5 cm, 300 dpi resolution)
• Original SME Recommendation Letter – for micro/small businesses
• Stamped statement of ownership
• Power of attorney (if using a legal representative)

Additional documents (if applicable):

• SME certificate (for discounted SME fee)
• Priority rights proof (if applying under priority claim)
• Proof of trademark usage (for already-used marks)

III. Trademark Registration Process

The Directorate General of Intellectual Property (DJKI) offers an efficient online registration system. Here’s how:

1. Create a DJKI Account

1. Go to https://merek.dgip.go.id/
   
2. Click “Daftar” (Register)
3. Select applicant type (Individual/Legal Entity)
4. Fill in the registration form
5. Upload scanned KTP/Deed (PDF, max. 2MB)
6. Click “Register” and check your email
7. Click the verification link and set your password

2.Login and Fill Out the Application Form

1. 1. Login to your account
   2. Go to “Permohonan” → “Merek”
   3. Fill in applicant data
   4. Add legal representative info (if using a consultant)
   5. Add priority claim (if applicable)
   6. Enter trademark info:
      • Type (word, image, combination)
      • Name (exact name to be registered)
      • Description (color, shape, meaning)
      • Transliteration/Translation (for foreign characters/languages)

3. Select Class and Add Description

1. Choose relevant Nice classes
2. Describe the goods/services for each class
3. Use official terminology from the Nice Classification

4.Upload Required Documents

1. Make sure there are no typos or typing errors in the documents
2. It is recommended to keep the file size small while maintaining good quality

5. Pay the Registration Fee

2025 Registration Fees (per PP No. 28 of 2024):

1. After submitting the form, a billing code will be generated
2. Pay via bank or e-payment within 14 days
3. Upload payment proof or confirm online

Tip: Consider registering your trademark in various written formats—uppercase, lowercase, or combinations. This broadens legal protection and secures your brand identity.

IV. Post-Registration Stages

After submission, your application goes through these stages:

1. Administrative Check (± 15 working days)

• DJKI reviews document completeness
• If incomplete, you get 30 days to fix it
• If complete, it proceeds to the announcement phase

2. Publication (2 months)

• Trademark is published in the Official Trademark Gazette
• Access: https://pdki-indonesia.dgip.go.id/
• Third parties may file objections
• Applicants have 2 months to respond to any objections

3. Substantive Examination (± 150 days)

• JKI evaluates if the trademark meets the legal criteria
• Includes distinctiveness, similarity with existing marks, etc.
• Possible outcomes: Approval or Rejection
  • If rejected, the process may extend to up to 1 year

V. Conclusion: A Crucial Step to Protect Your Brand Identity

Registering your trademark is a strategic investment in protecting your brand’s identity and reputation. Through the steps explained—from initial search, class selection, to document submission and examination—you now understand the key steps to obtain legal protection.

The exclusive rights granted by a registered trademark provide not only legitimacy but also a valuable business asset that can enhance your company’s value. Given the relatively affordable registration cost compared to potential losses from brand piracy, this is a worthwhile protection measure.

Focus on your business. Let us handle your trademark registration.

After reading this guide, you might realize that trademark registration requires time, attention to detail, and legal understanding.
The complex process can be a hurdle—ranging from procedural errors, misclassification, to navigating the DJKI system. Why take the risk when you can trust professionals who’ve handled thousands of trademark registrations?

Widjojo IP Law Firm offers registration assistance that:

• Saves your time
• Avoids common documentation mistakes
• Speeds up the process with expert DJKI knowledge
• Maximizes your trademark protection
• Increases approval chances

Talk to us today via WhatsApp: WA.me/6281290463108

VI. Frequently Asked Questions (FAQ) About Trademark Registration

A. How long does the trademark registration process take from start to finish?

The entire process usually takes around 8–12 months, provided there are no objections or oppositions. The timeline includes:

• Administrative review: ±15 days
• Publication period: 2 months
• Substantive examination: ±150 days
  If the application is rejected, the process may take up to 1 year or more.

B. Is it mandatory to use an IP consultant to register a trademark?

No, it is not mandatory. You can register a trademark independently through the DJKI (Directorate General of Intellectual Property) online system. However, hiring an experienced IP consultant may improve your chances of approval and help you avoid common procedural errors.

C. What if my trademark application is rejected?

If your trademark is rejected, you have the right to file an objection (appeal) to the Trademark Appeal Commission within 3 months from the date of the rejection notice. Alternatively, you can file a new application with a modified version of the trademark.

D. Is my trademark protected in other countries after it is registered in Indonesia?

No. Trademark protection is territorial, meaning a trademark registered in Indonesia is only protected within Indonesian territory. For protection in other countries, you must register separately in each country or use the Madrid Protocol for international registration.

E. How long does trademark protection last?

Trademark protection in Indonesia is valid for 10 years from the registration date and can be renewed indefinitely in 10-year increments, provided renewal is filed on time.

F. Can I change the trademark after it has been registered?

Changes to a registered trademark are very limited. Only the owner’s name and/or address can be updated. Any changes to the brand name or visual elements are not allowed—you must submit a new application for those.

G. How can I get a discounted registration fee as an MSME?

To qualify for the MSME rate (Rp500,000 per class), you must attach an MSME Certificate issued by a relevant authority (e.g., the Office of Cooperatives and MSMEs) or have a Business Identification Number (NIB) that categorizes your business as micro or small.

H. What is the Nice classification, and how many classes should I register?

The Nice Classification is an international system for classifying goods and services in trademark registration, consisting of 45 classes (1–34 for goods, 35–45 for services). You should register your trademark in all classes relevant to your current and future business activities.

I. Can I cancel a competitor’s trademark that resembles mine?

If you have strong evidence that the competitor’s trademark is similar to yours and that you used it first or already registered it, you can file a cancellation lawsuit at the Commercial Court within 5 years of the competitor’s trademark registration date.

J. What if I have been using a trademark but haven’t registered it yet?

Indonesia adopts a “first to file” system—not “first to use.” Legal protection is granted to whoever registers the trademark first, regardless of prior use. Therefore, it is highly recommended to register your trademark as soon as possible to secure legal protection.