Indonesia operates a first-to-file system. Prior use abroad confers no right here. A mark built over decades in other markets can be lawfully held by whoever filed it first in Jakarta, and unwinding that starts with choosing the right instrument rather than the obvious one.
The statutory map
Four provisions do most of the work in an Indonesian trademark matter, and they are frequently confused with one another.
| Provision | What it does | Limitation |
|---|---|---|
| Article 20 | Absolute grounds — descriptiveness, lack of distinctiveness, conflict with public order | Per Article 77 |
| Article 21(1) | Conflict with an earlier mark, or with a well-known mark | Per Article 77 |
| Article 21(3) | Application filed in bad faith | None — Article 77(2) |
| Article 74 | Deletion for non-use, five consecutive years after Decision 144 | Clock runs from registration or last use |
Trademarks
- Filing strategy and classification under the Nice system
- Opposition and appeal before the Directorate General of Intellectual Property
- Cancellation on bad-faith grounds — Article 76 with Article 21(3)
- Deletion for non-use — Article 74, including the force majeure exception recognised by Decision No. 144/PUU-XXI/2023
- Well-known mark evidence built against the nine criteria applied in Indonesian registration practice
- Portfolio audits against Article 74 exposure
- Renewal and term management under Article 35
Beyond trademarks
Patents
Disputes and advice under Law No. 13 of 2016 on Patents — validity, infringement, and the working requirements that attach to a granted patent in Indonesia.
Copyright
Infringement, licensing and authorship disputes under Law No. 28 of 2014 on Copyright, including works commissioned under employment or contract.
Industrial design
Registration and disputes under Law No. 31 of 2000 on Industrial Designs, where novelty is assessed strictly and prior disclosure is often decisive.
Trade secrets
Protection under Law No. 30 of 2000 on Trade Secrets, with particular attention to manufacturing supply chains and departing employees.
Proving a mark is well known
A proprietor of a well-known mark may act in Indonesia without a prior Indonesian registration — but the mark must be proved well known here, and the courts read the requirement strictly. The criteria are fixed by regulation. Each one is an evidentiary target, and the record is far cheaper to build before a dispute than during one.
| # | Criterion | Evidence that goes to it |
|---|---|---|
| a | The degree of knowledge or recognition of the mark among the relevant business sector as a well-known mark“tingkat pengetahuan atau pengakuan masyarakat terhadap Merek tersebut di bidang usaha yang bersangkutan sebagai Merek terkenal” | Independent survey of the relevant trade sector, not of the general public. Trade-association statements. Specialist press. |
| b | Sales volume of the goods or services, and the profit the proprietor derives from using the mark“volume penjualan barang dan/atau jasa dan keuntungan yang diperoleh dari penggunaan Merek tersebut oleh pemiliknya” | Audited accounts, invoices, customs and tax records, distributor sales reports for the Indonesian market. |
| c | The market share the mark holds in relation to the circulation of the goods or services“pangsa pasar yang dikuasai oleh Merek tersebut dalam hubungannya dengan peredaran barang dan/atau jasa di masyarakat” | Market research by sector and class, retailer and marketplace listings, import volumes. |
| d | The geographic reach of the mark’s use“jangkauan daerah penggunaan Merek” | Distribution agreements, outlet lists, shipping records, marketplace delivery coverage. |
| e | The length of time the mark has been in use“jangka waktu penggunaan Merek” | First commercial invoice, earliest advertising, continuous-use evidence year by year. |
| f | The intensity and promotion of the mark, including the investment spent on that promotion“intensitas dan promosi Merek, termasuk nilai investasi yang dipergunakan untuk promosi tersebut” | Media plans, agency invoices, campaign reach, platform spend reports. |
| g | Registration of the mark, or applications to register it, in other countries“pendaftaran Merek atau permohonan pendaftaran Merek di negara lain” | Certified extracts from foreign registers, WIPO/Madrid records, pending applications. |
| h | The record of successful enforcement, in particular recognition of the mark as well known by a competent authority“tingkat keberhasilan penegakan hukum di bidang Merek, khususnya mengenai pengakuan Merek tersebut sebagai Merek terkenal oleh lembaga yang berwenang” | Prior decisions in Indonesia and abroad, customs seizures, successful oppositions and takedowns. |
| i | The value attaching to the mark by reason of its reputation and the quality assurance of the goods or services it protects“nilai yang melekat pada Merek yang diperoleh karena reputasi dan jaminan kualitas barang dan/atau jasa yang dilindungi oleh Merek tersebut” | Brand valuation reports, quality certifications, product approvals, licensing royalties. |
Trademark registration is now governed by Permenkum No. 5 of 2026, in force 22 February 2026, which revoked Permenkumham No. 67 of 2016. The criteria above are those long applied in Indonesian practice; the Indonesian wording is quoted and the English is an unofficial working translation. The evidence column is our own practice note.
How a matter usually begins
- Register search and portfolio audit. What is held in Indonesia, by whom, in which classes, and what could be evidenced if challenged.
- Route selection. Bad faith or non-use; opposition or cancellation; administrative or judicial. This decision is irreversible once a claim is filed.
- Evidence assembly. Documentary first. Surveys only where documentary evidence will not carry the point alone.
- Proceedings or settlement. Coexistence and assignment are sometimes cheaper and faster than a judgment, and we say so when they are.
What we will tell you early
If the evidentiary position is weak, you will hear it before you spend anything on proceedings. Indonesian courts decide trademark matters on what can be proved, and an optimistic opinion costs more than a candid one.
Discuss an intellectual property matter
We advise brand owners on Indonesian portfolio strategy and act in disputes before the Commercial Court.
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