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Trademark law matters to Malang businesses that use names, logos, or other signs to distinguish goods and services. This includes coffee and food producers, clothing labels, craft sellers, restaurants, and businesses serving visitors to the city and surrounding area.
Registration is handled nationally by Indonesia’s Directorate General of Intellectual Property (DGIP), not by a Malang municipal office. An application can be filed online, but choosing the right owner, mark, and goods or services description can affect its chances of approval and the protection it provides.
Indonesia generally follows a first-to-file system. A Malang business that has used a name for years may still face problems if another party registered a similar mark first.
Before launching a food or coffee brand: A lawyer can check for earlier similar marks and help identify the relevant goods and services classes before packaging and promotion begin.
When selling crafts or clothing online: A review can help distinguish a brand name from a product description and assess whether a logo or name is distinctive enough to register.
When expanding beyond Malang: A business entering national marketplaces, supplying retailers, or opening in other cities may need a clearer registration and licensing plan.
After receiving an objection or opposition: A lawyer can assess the DGIP notice, identify deadlines, and prepare a response supported by relevant evidence.
When another business uses a similar name: Legal advice can help assess the registration record, the goods or services involved, and possible steps to resolve the dispute.
When ownership is unclear: Founders, family members, or business partners may have different expectations about who owns a brand. Advice before filing can reduce later disputes about control or licensing.
Trademark registration in Malang is governed by national Indonesian rules. There is no separate Malang trademark register or local filing procedure.
Law No. 20 of 2016 concerning Trademarks and Geographical Indications: This law took effect on 25 November 2016. It sets rules for registration, examination, protection, infringement, and geographical indications.
Regulation of the Minister of Law and Human Rights No. 67 of 2016 on Trademark Registration: This regulation sets out registration procedures and was amended by Ministerial Regulation No. 12 of 2021.
Applications, examination, and official fees are administered nationally through DGIP. Applicants should check current DGIP instructions because filing procedures and fee schedules can change.
No. Eligible applicants can file directly with DGIP. A lawyer or registered intellectual property consultant can help with clearance searches, class selection, ownership, and responses to objections.
Indonesian individuals and legal entities may apply. Applicants based outside Indonesia generally must file through an Indonesian registered intellectual property consultant.
A mark may include a name, logo, word, or combination that distinguishes goods or services. A sign may be refused if it lacks distinctiveness, describes the goods or services, or conflicts with an earlier mark.
Local use or a business licence does not by itself provide nationwide trademark registration. Registration through DGIP is the main route to statutory trademark protection in Indonesia.
Search DGIP’s trademark database for identical and similar marks, including relevant goods or services. A lawyer can help interpret results because spelling differences, sound, meaning, and product categories may all matter.
The official filing fee is charged per class, and the amount depends on the applicable fee category. Professional fees are separate and vary by provider, so request a written breakdown and confirm the current DGIP tariff before filing.
The process includes formal examination, a publication period, and substantive examination. It can take several months or longer, especially if an opposition, objection, or other issue arises.
DGIP checks the application and publishes it for opposition if it meets the relevant formal requirements. If the application proceeds through examination and is approved, DGIP records the registration and issues the registration certificate.
Yes. A party may submit an opposition during the statutory publication period, generally two months. The applicant may need to respond, and the opposition can affect the examination timeline.
It depends on how the business uses its brand and what protection it needs. A name and a logo may require separate applications, each with its own fee and assessment.
An application may cover multiple classes, but each class has a separate fee. The listed goods and services should match the business’s current or planned activities and follow the applicable classification system.
Check whether that business has a registration and compare the marks, dates, and goods or services. Before sending a demand or making public accusations, get advice on the evidence and available legal options.
Directorate General of Intellectual Property (DGIP), Ministry of Law: Handles national trademark applications, examination, registration records, and official filing information.
East Java regional office of the Ministry of Law: Provides regional ministry information and may direct applicants to relevant intellectual property services. Trademark decisions and registration remain under the national DGIP process.
Gather your brand materials: Collect the proposed name, logo files, product or service list, launch dates, and examples of current use. Allow one or two days.
Search the DGIP database: Look for identical and similar marks in relevant categories before committing to new packaging or advertising. Set aside a few hours for an initial search.
Shortlist local legal providers: Check their experience with Indonesian trademark filings, their Malang or East Java availability, and whether the person handling the filing is a registered intellectual property consultant.
Arrange consultations: Speak with two or three providers if practical. Ask about search scope, filing strategy, likely risks, communication, and who will handle any objection.
Compare written fee proposals: Separate professional fees from government fees and check whether the quote covers each class, responses, and later work. Many applicants can complete this comparison within a week.
Confirm ownership and filing details: Agree who will own the mark, verify the applicant’s legal name, and review the goods or services description before authorising submission.
Track the application: Keep the filing receipt and monitor DGIP notices and deadlines with the appointed lawyer or consultant. Respond promptly if an examination issue or opposition arises.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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