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The Indonesian government has officially enacted Minister of Law Regulation (Permenkum) No. 5 of 2026, introducing significant updates to the regulatory framework governing trademark registration in the country.

The new regulation replaces Minister of Law and Human Rights Regulation No. 67 of 2016 (along with its subsequent amendments), which is now considered outdated and no longer aligned with current legal developments, administrative practices and business needs.

This article outlines key changes introduced under the regulation, particularly those relevant to foreign applicants, as well as procedural updates that may impact filing strategies.

Foreign applicant requirements

One of the most notable changes introduced by the regulation is the introduction of additional filing requirements for applicants domiciled outside Indonesia, which was not required previously. For trademark applicants residing outside of Indonesia, the updated filing requirements are as follows:

1. 1. Applicants domiciled outside Indonesia are no longer required to submit identity documents.
   2. If the applicant is a company/corporation, the articles of association/deed of establishment/business licence/company certificate must be locally legalised and sworn-translated into Indonesian by a sworn translator.
   3. Legalised copy of priority documents, sworn-translated into Indonesian by a sworn translator (if claiming priority rights).
   4. Power of attorney.
   5. Statement of mark ownership.

Flexible filing

A practical and business-friendly feature of the new regulation is the flexibility granted to applicants who are unable to complete all documentary requirements at the time of filing.

A trademark application may still proceed even if certain documents are missing at the time of submission. In such cases, the Indonesian Trademark Office will issue a formality office action requesting the applicant to submit the outstanding documents within two months from the date of the official notification.

Accelerated examination

Another key highlight of the new regulation is acceleration of the substantive examination process. Under the updated framework:

1. 1. If no opposition is filed by third parties, the substantive examination may be completed within a maximum of 30 working days.
   2. If an opposition is filed, the examination may be completed within a maximum of 90 working days.

However, it is important to note that while these timelines are prescribed under the regulation, actual practice may vary. Factors such as workload at the Trademark Office, complexity of the mark and the presence of objections or oppositions may result in longer processing times.

Applicants are therefore advised to treat these timelines as indicative rather than absolute.

Examination criteria

Articles 34 and 35 of the regulation set out the criteria for examination, prohibiting the registration of marks that violate state ideology, public morality or lack essential distinctiveness, such as generic terms and purely functional shapes. To ensure market transparency, applications are rejected if they are misleading regarding product quality, or were filed in bad faith.

Furthermore, the law protects the identity of famous individuals and state institutions by requiring explicit authorisation for the use of names, photos or official symbols.

Central to these regulations is the “dominant elements” test, which determines if a new mark is substantially or entirely identical to existing or well-known trademarks. This assessment extends to the classification of goods and services, which are deemed “similar” based on their nature, distribution channels and consumer base.

By combining these strict ethical standards with a comprehensive analysis of brand similarity, the framework aims to prevent consumer confusion and protect the intellectual property rights of prior registrants.

Criteria: Well-known marks

The regulation also sets out criteria for determining a well-known mark. As referred to in article 36, this is established by considering:

1. 1. Level of public knowledge or recognition of the mark in the relevant business field as a well-known mark;
   2. Sales volume of goods and/or services and profits gained from use of the mark by its owner;
   3. Market share held by the mark in relation to the circulation of goods and/or services in the community;
   4. Geographical scope of the mark’s use;
   5. Duration of the mark’s use;
   6. Intensity and promotion of the mark, including the investment value utilised for such promotion;
   7. Trademark registrations or applications in other countries;
   8. Success rate of law enforcement in the field of trademarks, particularly regarding recognition of the mark as well-known by authorised institutions; or
   9. Inherent value of the mark obtained through its reputation and quality assurance of the goods and/or services it protects.

Changing name/address

Registered trademark owners and applicants of pending trademarks in Indonesia have a clear legal pathway to update their records if their name or address changes, or if a clerical error occurred during the initial filing.

The process is designed for efficiency, allowing for both digital and physical submissions, provided that the owner submits supporting evidence such as identity documents or corporate deeds and pays the required administrative fees.

The ministry follows a strict timeline for these updates, completing initial examinations within 15 days and providing a grace period of two months for applicants to fix any missing paperwork.

Once approved, the change is officially recorded and publicised in the Official Trademark Gazette, ensuring that legal registry always accurately reflects the current identity and location of the trademark owner.

Assignments/transfer of rights

The regulation allows for the transfer/assignment of trademark rights through various channels including inheritance, contractual agreements and charitable endowments.

A vital restriction exists to protect market clarity. If an owner possesses several trademarks that are substantially similar for the same types of goods or services, they cannot “split” the portfolio.

Instead, all related marks must be transferred to the same recipient. This prevents a situation where different owners might use confusingly similar brands in the same industry, which would undermine the trademark’s role as a unique source identifier.

Furthermore, the law maintains strict linguistic standards. Any foreign legal documents must be accompanied by a certified Indonesian translation to be valid. This ensures that the state registry remains accurate and legally enforceable within the Indonesian jurisdiction. The deed of assignment should also be notarised to be accepted by the minister for further processing.

Once the application is filed, it undergoes a mandatory examination period of 15 days to verify document integrity. The ministry provides a structured two-month window to rectify any deficiencies, ensuring that minor clerical errors do not immediately void a transfer.

Following approval, the transfer is not only recorded but also published in the Official Trademark Gazette. This final step of public notification serves as the official legal notice to the public, solidifying the new owner’s rights and maintaining the integrity of the national trademark database.

Collective marks

Collective marks in Indonesia are designed for group-based entities like associations, co-operatives or government bodies supporting MSMEs, rather than individual owners. To register, applicants must provide standard brand details along with a mandatory “Terms of Use” document, which outlines the quality standards of the goods, how the group will supervise its members’ use of the mark, and what penalties exist for non-compliance.

Beyond standard administrative paperwork, the regulation accommodates modern branding by requiring specific technical formats for 3D, sound and hologram marks. Essentially, the regulations ensure that collective marks function as a shared “seal of quality” for a group, while applying the same rigorous procedural standards used for individual trademarks to maintain legal consistency.

Force majeure provisions

The regulation also introduces explicit provisions addressing force majeure situations – an important addition that provides greater legal certainty and procedural flexibility. These apply in the event of extraordinary circumstances such as:

1. 1. War
   2. Revolution
   3. Civil unrest
   4. Labour strikes
   5. Natural disasters
   6. Other comparable emergencies

Applicants may request an extension of time to fulfill their obligations. This extension may apply to various procedural stages, including:

1. 1. Initial filing requirements
   2. Submission of priority documents
   3. Changes of name or address
   4. Recordal of assignment
   5. Submission of responses to provisional refusals or rejections

The inclusion of force majeure provisions is particularly relevant in today’s global context, where unexpected disruptions – whether geopolitical or environmental – can significantly impact business operations and administrative processes.