With the official entry into force of Ministry of Law Regulation No. 5 of 2026 on February 23, 2026, the trademark registration process in Indonesia has been significantly streamlined. For non-opposed routine cases, applicants can now expect to complete trademark registration within 3 months of filing, representing a major improvement over past practices.

At the same time, the regulation introduces detailed procedures for the recordal of changes in name and address, as well as the assignment of rights for pending applications. It strengthens the role of the Ministry of Law's Regional Offices in assisting local individuals and Small and Medium-sized Enterprises (SMEs), increases provisions governing force majeure situations, imposes new requirements for collective trademarks, and formally codifies several existing practices into law.

Acceleration of Substantive Examination

The most notable change under Ministry of Law Regulation No. 5 of 2026 involves substantive examination. The regulation now explicitly requires that applications must be published within 15 days of filing, followed by a 2-month publication period. Oppositions must be filed strictly within this window; in other words, even if the system accepts late payments, overdue filings will not be admitted.

The new regulation requires the Trademark Office to forward a copy of the opposition to the applicant within 14 days of receipt. If no opposition is filed, substantive examination will commence immediately after the publication period ends and must be completed within 30 days. These timelines enable non-opposed applications to move from the publication stage to a final decision in approximately one month.

If an application is provisionally refused during the ex officio examination, the applicant must submit a response within 30 working days from the date of notification. However, the regulation does not specify a timeline for the subsequent re-examination after the response is submitted. Based on recent practice, the Trademark Office typically completes re-examination within approximately 2 to 3 months.

Recordal of Ownership May Suspend Substantive Examination

Ministry of Law Regulation No. 5 of 2026 introduces detailed mechanisms for recording changes in ownership (including changes in name and address, as well as assignments, mergers, and acquisitions involving pending applications) during the application stage.

While Regulation No. 5 of 2026 technically allows for such recordals, the lack of clear procedures and timeframes previously created some uncertainty. Although Regulation No. 5 of 2026 provides clearer procedures, it also adds time to the examination schedule.

Any request to record a change of name and address or an assignment of ownership triggers a 15-day recordal examination period. If the submitted documents are incomplete, the Trademark Office must issue a notice no later than 30 days after the end of the recordal examination. The applicant then has two months to respond, after which the Trademark Office will re-examine the request. Substantive examination of the trademark application will not commence until the recordal matters are fully resolved.

Because these recordal activities suspend the trademark examination process, applicants wishing to benefit from the accelerated path should avoid initiating ownership changes while the application is pending. If possible, applicants should complete all ownership updates or corporate restructurings before filing a new application, or wait until registration is complete before recording changes.

The regulation also clarifies the documentary requirements for assignment recordals.

Force Majeure Clauses

Ministry of Law Regulation No. 5 of 2026 defines force majeure as war, riots, strikes, natural disasters, or other similar emergency situations that prevent an applicant from fulfilling filing requirements. This definition is consistent with Constitutional Court Decision No. 144/PUU-XXI/2023 issued on July 30, 2024.

Force majeure relief does not exempt substantive obligations; it merely suspends the time limits for fulfilling those obligations. All applicable fees and formalities remain in effect, and the applicant must provide the missing materials immediately once the emergency ends.

The regulation establishes a mechanism for requesting additional time when force majeure events interfere with compliance. Applicants or their attorneys may petition the Minister of Law or the Trademark Office to extend deadlines for various procedures, including: initial applications, perfecting priority claims, recordal of name or address changes for pending applications, assignment or transfer of pending applications, renewals, post-registration changes to owner details, and the transfer of registered trademark rights. This mechanism allows the Trademark Office to suspend deadlines related to missing documents until the emergency ends and the applicant is able to complete the requirements.

Changes to Collective Trademarks

Ministry of Law Regulation No. 5 of 2026 narrows the eligibility for collective trademark applications and expands procedural requirements. Collective trademark applications must now be filed exclusively by collective entities (such as groups, associations, cooperatives, or other recognized collective organizations). Additionally, the government may file collective trademarks to support the development of Micro, Small, and Medium Enterprises (MSMEs) or public services.

This differs from the previous framework, which did not explicitly restrict "who can apply." By narrowing this broad eligibility, the new regulation redefines collective trademarks as assets that must be held by genuine collective entities.

The long-standing prohibition against licensing collective trademarks to third parties remains in effect. However, Regulation No. 5 of 2026 clarifies an important pathway for implementation. Specifically, non-members wishing to use a collective trademark can achieve this goal by joining the relevant collective organization.

A key unresolved issue involves existing collective trademarks held by companies rather than genuine collective entities. The regulation does not specify how the Directorate General of Intellectual Property (DGIP) will handle these cases that do not comply with the new requirements. For owners in this situation, a prudent approach may be to consider converting to a standard trademark supplemented by licensing arrangements, if such a structure better reflects commercial reality.

Other Notable Changes

Ministry of Law Regulation No. 5 of 2026 optimizes the function of the Ministry of Law's Regional Offices as local auxiliary application channels. These offices can receive non-electronic documents at service counters and enter them into the DGIP's online system. Simultaneously, the matters the Regional Offices can assist with include applications, recordals, renewals, and obtaining extracts, with assistance for these matters limited to local individuals and MSMEs.

Furthermore, the new application checklist under Regulation No. 5 of 2026 confirms several identity document types as acceptable proof of identity for domestic and foreign applicants. These types include Identity Cards (KTP), Limited Stay Permit Cards (KITAS), Permanent Stay Permit Cards (KITAP), and Child Identity Cards (KIA). Legal entities filing trademark applications are now required to attach a certified copy of the Articles of Association.

The inclusion of Child Identity Cards is unusual, as they are issued to children under 18 who generally lack the independent capacity to engage in binding legal acts. Trademark registration creates exclusive, enforceable property rights that can be exercised against third parties, which is fundamentally different from administrative documents like passports, which are used solely to prove identity and are routinely issued to minors. This framework could lead to disputes challenging the trademark rights of minors, thereby raising complex procedural and ethical issues that contradict the regulation's goal of creating higher speed, a more standardized structure, and stronger legal certainty.

Conclusion

Ministry of Law Regulation No. 5 of 2026 is a significant adjustment to Indonesia's trademark system, combining accelerated examination timelines with more standardized procedural safeguards. Its system of accelerated timelines is a positive development that aligns well with Indonesia's rapidly expanding investment environment and demonstrates a firm commitment to administrative efficiency and responsiveness. At the same time, it remains crucial to ensure that examination speed continues to support a thorough and reliable examination process, thereby maintaining the consistent quality of results.