NEW REGULATION ON TRADEMARK REGISTRATION

In January 2026, the Minister of Law of the Republic of Indonesia (the “Minister") issued the Regulation of the Minister No. 5 of 2026 regarding Trademark Registration ("RM 5/2026"), which has been in effect since 23 Februari 2026. RM 5/2026 revokes the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 12 of 2021 regarding Amendment to the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 67 of 2016 regarding Trademark Registration ("RM 12/2021").

Below is a summary of the key changes introduced by RM 5/2026:

1. Trademark Filing Procedure

Under RM 5/2026, all trademark applications must be submitted electronically to the Minister through the official online system of the Directorate General of Intellectual Property (“DGIP”) of the Ministry of Law of the Republic of Indonesia ("MOL"). Consequently, this regulation formally eliminates manual (paper based) trademark filings, which were previously permitted under RM 12/2021. Namun, applicants who experience difficulties using the electronic system may visit the DGIP service counters or the regional offices of the MOL, where DGIP officers will provide assistance in submitting the application through the electronic system.

RM 5/2026 also reaffirms the availability of priority rights for applicants from member states of the Paris Convention or the World Trade Organization. Priority rights may be claimed by relying on the filing date of the first application in the country of origin, provided that the application in Indonesia is filed within a 6 (six) month period from the initial filing.

2. Application Requirements

RM 5/2026 amends and further specifies the documentary requirements applicable to trademark registration applications, as follows:

sebuah. a trademark application form, containing essential information such as the applicant’s details, the trademark label, the relevant classes of goods and/or services, and priority details (if applicable);

b. a statement of trademark ownership;

c. a power of attorney, if the application is filed through an attorney;

d. a priority document, if priority rights are claimed;

e. identity or legal status documents of the applicant, depending on whether the applicant is an individual or a legal entity; dan

f. a sound recording, if the trademark applied for is a sound mark.

Notably, the requirement to submit identity or legal status documents and sound recordings (for sound marks) constitutes a new requirement that was not expressly regulated under RM 12/2021.

Special Provisions for Micro and Small Enterprises (“MSE”)

If the applicant qualifies as an MSE, RM 5/2026 requires the submission of additional documents to prove such status. These may include, antara lain:

sebuah. a valid MSE recommendation letter issued by Ministry of Micro, Small, and Medium Enterprises of the Republic Indonesia (issued for 1 (one) trademark per application and signed in the same year as the filing);

b. a business identification number (nomor induk berusaha) issued by online single submission system;

c. a certificate of establishment for an individual limited liability company issued by MOL; atau

d. an approval for the establishment of a government affiliated legal entity (koperasi desa/kelurahan merah putih) issued by the MOL.

3. Assignment of Trademark Applications

Previously, RM 12/2021 only regulated the assignment of registered trademarks. Under RM 5/2026, the scope of assignable rights is expanded to include not only registered trademarks but also trademarks that are still at the application stage. Such assignments may take place due to inheritance, wills, grants, contractual arrangements, or pursuant to a change in trademark ownership, including as a result of the dissolution of a legal entity, corporate restructuring, merger, or acquisition.

4. Shortened Processing Timeframes

RM 5/2026 significantly shortens the processing time for several trademark related services, reflecting an overall effort to streamline administrative procedures. These changes include:

sebuah. official excerpts of trademark certificates (penerbitan petikan resmi sertifikat merek) must now be issued within 1 (one) business day;

b. recordation of trademark protection extensions (pencatatan perpanjangan jangka waktu perlindungan merek terdaftar) must be completed within 4 (four) business days after the application is deemed complete;

c. notification of such recordation (pemberitahuan pencatatan perpanjangan jangka waktu perlindungan merek) must be provided within 3 (three) business days; dan

d. trademark applications (pengumuman permohonan pendaftaran merek) must be published in the Official Trademark Gazette within 15 (fifteen) business days from the filing date.

Several of these timeframes were either substantially longer or not specifically regulated under RM 12/2021.

Conclusion

RM 5/2026 strengthens the move toward a fully electronic trademark registration system at DGIP and significantly reduces processing times for a number of key trademark services. These changes are expected to improve efficiency and provide greater certainty for trademark applicants.

This Client Alert is provided for general informational purposes only and does not constitute legal advice. Please contact us should you require further information or assistance regarding trademark registration or related matters.

LINK PDF: Client Alert re New Regulation on Trademark Registration