In response to evolving business practices and the growing need for a more efficient and digitally integrated trademark system, the Government of Indonesia has enacted the Regulation of the Minister of Law Regulation No. 5 Year 2026 regarding Trademark Registration (“Regulation 5/2026”).

This regulation revokes and replaces the previous framework under the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 67 Year 2016, as amended by the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 12 Year 2021 regarding Trademark Registration, marking a significant development in the administration of trademark registration in Indonesia.

The following are key points to note from the implementation of this regulation.

1.         Expanded Filing Requirements

Regulation 5/2026 introduces more comprehensive documentation requirements.

In addition to standard documents such as a Power of Attorney and Declaration of Ownership, applicants are now required to submit:

• applicant identification documents (e.g., ID card, residence permit)
• corporate establishment or amendment documents (for legal entities)
• proof of micro and small enterprise, where applicable (only applicable for Indonesian applicant) 
• priority documents, including sworn Indonesian translations (if claiming priority rights)
• sound recordings for non-traditional marks, where relevant

For micro and small enterprise applicants, supporting documents may include OSS registration, official recommendations, or incorporation-related documents.

For foreign applicants, identification documents are generally not required; however, documents originating from abroad (such as the priority document) must be duly legalized and translated into Bahasa Indonesia by a sworn translator.

2.         Classification of Goods and Services

The regulation reaffirms the use of the Nice Classification system (Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Trademarks) 

3.         Formality Examination

A clearer and more structured timeline for formality examination is introduced:

• Examination of completeness: within 15 (fifteen) days from the filing date
• Notification of deficiencies: within 30 (thirty) days from the filing date
• Time to remedy deficiencies: 2 (two) months from notification
• Failure to comply: the application will be deemed withdrawn

4.         Priority Rights

An application claiming priority rights must be filed within 6 (six) months from the first filing date of the first application in the country of origin, which is a member of the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization.

Supporting documents must be submitted with sworn Indonesian translations. If the requirements are not fulfilled within the prescribed timeframe (3 (three) months after the expiry of the priority filing period, the application will proceed without claiming priority rights.

5.         Recordal of Change of Name and/or Address

Changes to the name and/or address may be recorded even while the application is still pending, subject to submission of supporting documents:

• evidence of the change of the applicant’s name and/or address;
• a certified copy of the deed of amendment and corporate registration documents (if the applicant is a legal entity);
• the applicant’s identification document; and
• a Power of Attorney, if the request is submitted through a representative.

6.         Trademark Assignment

Pending trademark application may be transferred or assigned based on the following grounds:

a.         inheritance;

b.         will;

c.         grant;

d.         agreement; or

e.         other lawful causes.

Where an applicant owns more than one application that is identical or substantially similar for the same or similar goods and/or services, the assignment of such applications may only be made if they are assigned to the same party.

An application for the recordal of assignment must be supported by the following documents:

a. evidence of the assigment, including:

1. court determination of heirs;
2. a will;
3. a deed of grant;
4. an assignment agreement; or
5. other supporting documents as permitted under applicable laws and regulation;

b.         corporate establishment or amendment documents (if the applicant is a legal entity);

c.         the applicant’s identification document; and

d.        Power of Attorney, if the request is filed through a representative.

7.         Publication, Opposition, and Rebuttal

Trademark application will be published in the Official Trademark Gazette within 15 (fifteen)days from the filing date. The publication period shall last for 2 (two) months.

During the publication period, any party may file an opposition by submitting sufficient grounds supported by evidence. A copy of the opposition filed by a third party must be delivered or forwarded to the applicant or its representative within 14 (fourteen) days from the date of receipt of the opposition.

Opposition filed after the publication period will not be accepted.

The applicant or its representative is entitled to submit a Rebuttal to the Opposition within 2 (two) months from the date of dispatch or notification of the opposition.

8.         Substantive Examination

Substantive examination is conducted by the examiner in respect of the application. Any Oppositions and/or Rebuttals shall be taken into consideration during the Substantive Examination.

The timeline for Substantive Examination has been accelerated as follows:

• where no Opposition is filed during the publication period, the Substantive Examination shall be completed within 30 (thirty) days;
• where an Opposition is filed, the Substantive Examination shall be completed within a maximum period of 90 (ninety) days.

Based on the results of the Substantive Examination, if the examiner determines that the application is registrable, the trademark certificate will be issued electronically and the registration will be published in the Official Trademark Gazette.

If the examiner determines that the application is not registrable or is refused, a written notification will be issued to the applicant or its representative.

9.         Official Excerpt of Trademark Certificate

Any party may submit a request to obtain an official excerpt of a registered trademark certificate.

The official excerpt of the registered trademark certificate shall be issued within a maximum period of 1 (one) from the date of receipt of the request.

10.      Renewal of Registered Trademarks

Renewal of registered trademark may be filed within the following period:

• 6 (six) months prior to the expiry date, or
• no later than 6 (six) months after the expiry date (within the grace period)

Once the requirements are fulfilled, renewal of a registered trademark will be processed within 4 (four) days.

11.      Force Majeure

In the event that the applicant of its representative is unable to fulfil the required formalities due to force majeure, the applicant or its representative may submit a request for an extension of time to complete the required documents.

Such a request for extension must be accompanied by supporting evidence demonstrating the occurrence of the force majeure event.

For more information on how Inter Patent Office can help you with your Intellectual Property or general legal needs, contact us now