When it comes to protecting your brand in Indonesia, speed matters. The country operates under a First to File trademark system, where exclusive rights are granted to the first party to file a trademark application—not the one who first uses the brand in commerce.

If your brand is expanding into Indonesia—or even if it is already famous globally but not yet registered locally—you could risk losing trademark rights to third parties who file ahead of you.

The legal foundation: Law No. 20 of 2016

Under Indonesia’s Trademark and Geographical Indication Law No. 20 of 2016, ownership of a trademark is secured only through registration. This is a crucial distinction from countries that use the "first to use" approach.

In essence: No registration = No protection

However, the law also provides special protection for well-known trademarks, recognising the potential for abuse when third parties try to take advantage of internationally recognised brands.

Protection for well-known trademarks

Article 21(1)(b) of the law states that a trademark application must be rejected if it:

• is confusingly similar or identical to a well-known trademark, and
• is filed for similar goods or services or could potentially mislead consumers.

Importantly, this applies even if the well-known trademark is not registered in Indonesia, provided that it is recognised in international trade.

How brand owners can protect themselves

Here’s what you can do if you own or manage a brand entering—or already popular in—the Indonesian market:

1. File early
   Register your trademark in Indonesia as soon as possible. Even if your brand is well-known globally, without a local registration, your legal standing may be weaker in disputes.
2. Monitor & oppose
   If a similar or identical trademark is published by someone else, you can file an opposition within two months of the publication date through the Directorate General of Intellectual Property (DGIP).
3. Cancel based on bad faith
   If someone has already registered your trademark, you may initiate cancellation proceedings on the basis of bad faith—particularly if your brand qualifies as being well-known under international standards.
4. Prepare supporting evidence
   To claim protection as a well-known trademark, you'll need solid proof—think:
   - Global trademark registrations
   - Market presence & sales figures
   - Media exposure
   - Consumer recognition surveys

Case in point

Let’s say a Korean cosmetics brand, known globally, is not registered in Indonesia. A local distributor files the brand name under their own name. Without prompt action, the distributor could block the original brand from entering the market under its own name—a costly and preventable mistake.

Key takeaway

In Indonesia, the rule is clear: The first to file secures the trademark rights.

Well-known trademarks can be protected under the law, but it requires legal action and strong evidence. The best approach? Register early and stay vigilant.

Need help registering or enforcing your trademark in Indonesia?

At Soemadipradja & Taher, we specialise in cross-border trademark strategy and protection across Southeast Asia. Contact us today for strategic support and legal clarity.