In an effort to improve the efficiency of Indonesia’s intellectual property administrative system and to support the ease of doing business, the Government of Indonesia has issued Minister of Law Regulation No. 5 of 2026 concerning Trademark Registration (“Regulation 5/2026”), which came into effect on 23 February 2026. This regulation replaces Minister of Law and Human Rights Regulation No. 67 of 2016 on Trademark Registration, as previously amended, and introduces several changes to the administrative mechanisms governing trademark registration in Indonesia.
In general, Regulation 5/2026 aims to accelerate administrative procedures in trademark registration, clarify supporting documentation requirements, and provide additional flexibility under certain circumstances during the registration process.
Acceleration of Administrative Timelines in the Trademark Registration Process
One of the key changes introduced under Regulation 5/2026 is the shortening of several administrative timelines in the trademark registration process. Under the previous regulatory framework, certain administrative procedures required relatively longer processing periods.
The new regulation shortens several timelines, including:
- The issuance of an official extract of the trademark certificate, which may now be completed within one working day after the application is received;
- The recordation of trademark renewal, which may be completed within four working days after the renewal application is declared complete;
- The notification of trademark renewal recordation, which is also subject to a shortened administrative timeline; and
- Clarification regarding the announcement period of trademark applications in the Official Trademark Gazette.
Adjustment of Supporting Document Requirements for Trademark Applications
Regulation 5/2026 also introduces adjustments to the supporting documents required for trademark registration applications. In principle, the core information required in a trademark application remains unchanged. Applicants must still provide basic information such as the identity of the applicant, the trademark label, and the classification of goods and/or services for which protection is sought.
However, the new regulation provides clearer guidance and further details regarding the supporting documents that must be submitted. These documents include:
- proof of payment of the application fee;
- a statement of trademark ownership;
- a power of attorney, if the application is submitted through a representative;
- priority documents, if the applicant claims priority rights; and
- the identity documents of the applicant or establishment documents of the legal entity.
In addition, Regulation 5/2026 introduces additional requirements for applicants applying under the Micro and Small Enterprise (UMK) category. Applicants seeking to benefit from UMK status must provide supporting documentation evidencing such status. The documents that may be used to demonstrate UMK status include:
- a recommendation letter confirming UMK status;
- a risk-based business license issued through the Online Single Submission (OSS) system;
- a certificate of registration for an individual limited liability company (Perseroan Perorangan); or
- cooperative establishment documents.
This provision aims to ensure that the business classification claimed by the applicant is supported by valid and verifiable documentation.
Transfer of Trademark Applications Still Under Examination
Previously, the transfer of trademark rights was generally carried out after the trademark had been registered. Under this new provision, applicants are now permitted to transfer a trademark application to another party even while the examination process is still ongoing. Such transfer may be based on valid legal grounds, such as agreements, inheritance, or other mechanisms recognized by law.
However, several administrative requirements must be observed. For instance, where there is more than one trademark application for identical or similar goods or services, the transfer must be carried out consistently across those applications. This provision may provide additional flexibility in the context of corporate restructuring, commercial transactions, and trademark portfolio management, particularly where trademark applications are still pending examination.
Extension of Deadlines in Force Majeure Circumstances
Regulation 5/2026 also introduces a mechanism allowing applicants to request an extension of administrative deadlines in the event of force majeure. Force majeure events may include extraordinary circumstances beyond the applicant’s control, such as natural disasters, riots, labor strikes, or other events preventing the applicant from fulfilling administrative obligations within the prescribed timeframe.
In such situations, the applicant or their representative may submit a request for an extension to the Minister, accompanied by adequate supporting evidence of the relevant event. If the request is approved, the authority will determine a new deadline for the fulfillment of the relevant administrative requirements. However, if the obligations remain unfulfilled within the extended period granted, the trademark application may be deemed withdrawn or no longer processed further.
For legal assistance from SW Counselors at Law, please contact:
Fanny, S.H.
Senior Associate
T. (+6221) 2222-0200
Bella Siboro, S.H.
Associate
T. (+6221) 2222-0200
