Background
Trademark registration constitutes a crucial instrument in providing legal protection for business actors and ensuring certainty in commercial activities. In practice, the regulation of trademark registration was previously governed under the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 67 of 2016 concerning Trademark Registration, which was subsequently amended by Regulation Number 12 of 2021.
In line with the evolving legal needs and intellectual property service systems, the Government, through Regulation of the Minister of Law and Human Rights Number 5 of 2026, has introduced updates to the previous provisions on trademark registration and management. These updates aim to enhance administrative efficiency, strengthen legal certainty, and promote the digitalization of intellectual property services. Furthermore, this new regulation places greater emphasis on micro and small enterprises (MSEs) and clarifies various procedural aspects that were previously not comprehensively regulated.
Summary of Regulation
Regulation Number 5 of 2026 introduces several significant changes compared to the previous framework, including the addition of new norms and refinement of existing provisions.
- Expansion of Definitions and Scope
Permenkum Number 5/2026 the regulation expands the scope of definitions by introducing new terminologies that were previously not explicitly regulated, including Examiner, Trademark Label, Force Majeure, and Regional Office.
These additions carry normative implications by clarifying legal subjects, objects, and specific conditions within the trademark registration process. In particular, the recognition of force majeure provides a legal basis for circumstances beyond the applicant’s control that may affect compliance with administrative requirements.
- Strengthening of Formal Application Requirements
Permenkum Number 5/2026 broadens the list of required documents for trademark applications. In addition to previously required documents, applicants must now submit:
- Identification documents of the applicant;
- Legal entity establishment documents (for legal entities); and
- Proof of micro and small enterprise (MSE) status
Further provisions specify acceptable forms of MSE proof, such as official recommendations, risk-based licensing documents via the OSS system, or business establishment documents. This reflects a higher standard of administrative verification and formal recognition of business classifications.
- Digitalization of Application Process
The regulation emphasizes that trademark applications must primarily be submitted through an electronic system. Non-electronic mechanisms remain available but are limited to technical assistance provided by officers at the Directorate General or Regional Offices. This provision effectively shifts the service paradigm from a dual system (electronic and manual) to an electronic-first system as the primary mode of submission.
- Detailed Regulation on Priority Rights
Permenkum Number 5/2026 the substance of priority rights remains unchanged, the regulation provides further detail regarding administrative requirements, particularly the obligation to translate supporting documents through a sworn translator. This strengthens formal evidentiary validity and reduces the potential for administrative disputes.
- Amendment of Data During Application Process
Permenkum Number 5/2026 allows applicants to amend their name and/or address while the application is still in process, in cases of administrative errors or legitimate identity changes. This provision introduces procedural flexibility that was previously limited only to registered trademarks.
- Transfer of Trademark Applications
Permenkum Number 5/2026 allows the transfer of trademark applications that are still in process, based on legal grounds such as inheritance, agreements, grants, or other lawful causes. This expands previous provisions, which only governed the transfer of registered trademark rights
- Changes to Trademark Certificate Form and Substance
Permenkum Number 5/2026 stipulates that the official document issued is a trademark certificate containing comprehensive information, including the owner’s identity, trademark label, class of goods/services, and duration of protection.
Extracts of certificates are no longer issued automatically and must be requested separately. This reinforces the certificate’s role as an authentic legal document with evidentiary value.
- Confirmation of Protection Period
Permenkum Number 5/2026 is granted for a period of 10 (ten) years from the filing date and may be renewed for the same duration. This provision ensures legal certainty regarding the validity period of trademark rights.
- Regulation on Force Majeure
Permenkum Number 5/2026 explicitly recognizes force majeure as a valid ground for requesting an extension of time to fulfill application requirements. This enhances procedural fairness in extraordinary circumstances.
- Certainty of Publication Timeline
Permenkum Number 5/2026 regulated trademark applications must be published in the Official Trademark Gazette within a maximum of 15 (fifteen) days from the filing date, providing clear timelines in the administrative process.
- Integration of MSE Proof Across Applications
Permenkum Number 5/2026 stated that proof of MSE status is now required not only for registration applications but also for other types of requests, including applications for certificate extracts. This reflects an integrated affirmative policy within the trademark administration system.
Legal Implications
The updates under Permenkum Number 5/2026 result in several significant legal implications:
- Increased Efficiency and Transparency
The implementation of an electronic system simplifies administrative processes, accelerates application handling, and enhances transparency in data management.
- Strengthened Legal Certainty
More detailed provisions, including those on force majeure and publication timelines, provide clearer legal standards and procedural certainty for applicants.
- Affirmative Support for MSEs
The integration of MSE proof reflects regulatory recognition of specific business categories and expands access to trademark protection for micro and small enterprises.
- Potential Increase in Administrative Complexity
Conversely, the expansion and detailed specification of documentary requirements, along with the strengthening of administrative aspects, may result in increased complexity in the application process. This may require applicants to undertake adjustments, particularly in meeting more structured administrative standards within an electronic system.
- Transition to an Integrated Electronic System
The regulatory framework under Regulation of the Minister of Law and Human Rights Number 5 of 2026 reflects an adaptation in the administration of the trademark registration system toward a more integrated electronic-based mechanism. This development has implications for changes in service governance, including in the areas of application submission, examination, and application data management.
The regulation establishes service time standards for each stage of the trademark registration process as a concrete measure to enhance legal certainty and administrative efficiency. In the administrative examination stage, for instance, the examination of document completeness must be conducted within a maximum period of 15 (fifteen) days from the filing date, while notification of any deficiencies must be issued within no later than 30 (thirty) days. The applicant is then granted a maximum period of 2 (two) months to rectify such deficiencies.
At the publication stage, the application is published in the Official Trademark Gazette within a maximum of 15 (fifteen) days from the filing date and remains published for a period of 2 (two) months, thereby providing an opportunity for third parties to file objections. In the event that an objection is filed, the applicant is given the opportunity to submit a counterstatement within a maximum period of 2 (two) months from the receipt of the objection notification.
Furthermore, in the substantive examination stage, the regulation differentiates the time frame for completion depending on whether an objection has been filed. In the absence of any objection, the substantive examination must be completed within a maximum period of 30 (thirty) days from the end of the publication period. Conversely, if an objection is filed, the substantive examination must be completed within a maximum period of 90 (ninety) days.
Conclusion
Permenkum Number 5/2026 redefines the framework for trademark registration by introducing improvements in procedural, administrative, and institutional aspects. These include the mandatory use of electronic systems, more detailed application requirements, and additional provisions addressing specific conditions in the registration process.
In conclusion, this regulation represents a regulatory initiative aimed at aligning trademark registration services with a more structured, transparent, and efficient administrative framework, particularly in relation to procedural certainty and application management.