The rule, stated plainly
Under Law No. 20 of 2016 on Marks and Geographical Indications, rights belong to the first party to file with the Directorate General of Intellectual Property, regardless of who used the mark first or built its reputation. There is no common law protection accruing from use alone. Protection is granted per class under the Nice Classification, runs for ten years and is renewable, and an applicant who files in one class holds nothing in the classes they did not file.
Filing beats using
Prior use in another country does not create Indonesian rights. Only filing does.
Protection is per class
A registration in clothing gives no rights in software. Class coverage is a strategic decision, not an administrative one.
Bad faith is the exception
Registration obtained in bad faith can be challenged, but that is a court process with cost, time and uncertainty attached, not a safety net.
What the Pierre Cardin case actually shows
This is the most fully documented cautionary case in Indonesian trademark law, and the detail matters more than the headline. Alexander Satryo Wibowo registered the Pierre Cardin mark in Indonesia on 29 July 1977. The French house behind the name registered in Indonesia in 1999, twenty two years later. The dispute ran through the Commercial Court and then to the Supreme Court twice.
Local registration filed
The mark is registered in Indonesia by a local applicant.
First cancellation attempt fails
An initial cancellation action is rejected on 22 December 1981 and becomes final.
The original house files
Registration in Indonesia by the French party, twenty two years after the local filing.
Commercial Court and cassation
Case 15/Pdt.Sus.Merek/2015 at the Central Jakarta Commercial Court, then cassation rejected in Supreme Court decision 557 K/Pdt.Sus-HKI/2015.
Judicial review rejected
Supreme Court decision 49 PK/Pdt.Sus-HKI/2018 rejects the review, partly because it was a second cancellation action after the first had already become final.
The court gave several reasons, including that the local applicant's registration predated the French filing and that the action was a second attempt at cancellation after the first had already reached final legal force. The panel also found the local registration was not qualified as bad faith. There was a dissenting opinion, which is itself instructive: even where a name is globally famous, the outcome turned on filing dates and procedural history rather than fame.
Official fees changed in 2026
Anyone working from guidance published before mid 2026 is working from the old figure.
What changed
Government Regulation No. 30 of 2026 adjusted the non tax state revenue tariffs at the Ministry of Law. The general applicant tariff for a new trademark application rose by roughly 55 percent per class.
When it took effect
The regulation was promulgated on 2 July 2026 and took effect on 1 August 2026, thirty days later. It is the first adjustment since the tariff was set in 2016.
Micro and small business
The concessional tariff for micro and small enterprises was retained without increase, and the supporting documentation requirements were simplified.
Because the change is recent, a large share of published guidance still quotes the previous figure. Confirm the current tariff directly with DJKI rather than from secondary sources, including this page.
How to protect a name before entering
Search the register first
The DJKI intellectual property database lists filed, published and registered marks. Search the exact name, then phonetic variants, translations and shortened forms, and record every class each conflicting mark covers.
File before announcing
Announcing a launch before filing gives anyone monitoring the market a window to file first. This is the single sequencing decision that cannot be corrected later by moving faster.
Cover the classes that matter
Protection is class specific. Map the classes to what the business will actually do in Indonesia, including adjacent activity it may expand into.
Watch the publication window
After substantive examination a mark is published for a two month period during which third parties may oppose. Opposition during this window is faster and cheaper than cancellation afterwards.
Monitor and renew
Registration runs ten years and is renewable. An unused mark can be challenged for non use after three years, so registration without market activity is not permanently safe either.
If the name is already taken
Discovering that a mark is already registered is not automatically the end of the route into Indonesia, but the options narrow sharply depending on where the conflicting mark sits in the process. A mark still within the publication window can be opposed. A registered mark requires a cancellation action through the Commercial Court, which is slower, costlier and uncertain. The practical alternatives are negotiation with the holder, or adapting the mark for the Indonesian market, neither of which is attractive after a global brand identity has been set.
Where Arfadia fits
Arfadia does not file trademarks or conduct legal searches. Those require intellectual property consultants and lawyers. What this page is for is sequencing. The visibility work Arfadia does makes a brand more discoverable, and in a first to file jurisdiction that discoverability is exactly what a squatter monitors. Filing before visibility work begins is the correct order, and a brand that understands why does not need to learn it the expensive way.
Arfadia is not a law firm or a registered intellectual property consultant. This page is a plain reading of published regulation and reported court decisions as of August 2026, provided so brands can ask better questions of their advisers. Tariffs and procedures change. Verify current requirements with DJKI or a registered consultant before acting.
- Law No. 20 of 2016 on Marks and Geographical Indications
- Government Regulation No. 30 of 2026 on non tax state revenue tariffs at the Ministry of Law
- Supreme Court decision 557 K/Pdt.Sus-HKI/2015
- Supreme Court decision 49 PK/Pdt.Sus-HKI/2018
- DJKI intellectual property database
Frequently Asked Questions
Does our international trademark protect us in Indonesia?
What does the Pierre Cardin case establish?
Has the official filing fee changed?
How long does registration take?
What if someone has already registered our name?
Does Arfadia file trademarks?
Filing first, then building visibility
That order matters more in Indonesia than in most markets. The second half is where we work.
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