Indonesia’s trademark prosecution process has been significantly streamlined with Ministry of Law Regulation No. 5 of 2026 (MOLR 5/2026) coming into effect on February 23, 2026. In straightforward cases without opposition, applicants may now see their trademarks proceed to registration within three months from filing—a substantial improvement over previous practice.

The regulation also introduces detailed procedures for recording changes of name and address and for transferring rights over pending applications. It enhances the role of the Ministry of Law’s regional offices in assisting local individuals and SMEs, adds provisions governing force majeure situations, implements new requirements for collective trademarks, and formalizes several practices already in place.

Substantive Examination Acceleration

The most significant change under MOLR 5/2026 concerns substantive examination. The regulation now explicitly requires that applications be published within 15 days of filing, followed by a two-month publication period. Oppositions must be filed only within this window; late submissions will not be processed, even if the system accepts payment.

The new regulation requires the Trademark Office (TMO) to forward copies of any opposition to applicants within 14 days of receipt. If no opposition is filed, substantive examination begins immediately after the publication period ends and will be completed within 30 days. If an opposition is filed, the examination is to be finalized within 90 days of the counterstatement filing date. These timelines enable unopposed applications to move from close of publication to final decision in roughly one month.

If an application is provisionally refused during ex officio examination, the applicant has 30 working days from the date of notification to file a response. However, the regulation does not specify the timeline for subsequent reexamination after the response is filed. In recent practice, the TMO has been completing reexamination within approximately two to three months.

Ownership Recordals May Pause Substantive Examination

MOLR 5/2026 introduces a detailed mechanism for recording changes of ownership at the application stage, including changes of name or address as well as assignments, mergers, and acquisitions involving pending applications.

While Trademark Law No. 20 of 2016 made such recordals technically permissible, an absence of clear procedures and timelines created uncertainty. MOLR 5/2026 provides greater procedural clarity but also adds time to the examination schedule.

Any request to record a change of name or address or a transfer of ownership triggers an additional 15-day examination period for the recordal. If submitted documents are incomplete, the TMO is required to issue a notification no later than 30 days after the recordal examination concludes. Applicants then have two months to respond, after which the TMO will reexamine the request. Substantive examination of the trademark application will not begin until the recordal is fully resolved.

Because these recordal events pause the trademark timeline, applicants seeking to benefit from the accelerated pathway should avoid initiating ownership changes during pendency. Where possible, applicants should complete any ownership updates or corporate restructuring before filing new applications or wait until after registration to record the changes.

The regulation also clarifies documentation requirements for assignment recordals.

Force Majeure Provisions

MOLR 5/2026 defines force majeure as circumstances such as war, revolution, riots, labor strikes, natural disasters, or other comparable emergencies that prevent an applicant from fulfilling filing requirements. This definition aligns with Constitutional Court Decision No. 144/PUU XXI/2023, issued on July 30, 2024.

Force majeure relief does not waive substantive obligations; it merely suspends the timeframe for meeting them. All applicable fees and formalities continue to apply, and once the emergency ends, the applicant must promptly provide the outstanding materials.

The regulation establishes a mechanism for requesting additional time when a force majeure event disrupts compliance. Applicants or their attorneys may petition the Minister of Law or the TMO for extended deadlines across a wide array of procedures, including original filings, perfection of priority claims, change‑of‑name or address recordals for pending applications, assignments or transfers of pending applications, renewals, postregistration changes of owner details, and transfers of rights to registered marks. This mechanism allows the TMO to pause deadlines related to missing documentation until the emergency subsides and the applicant is able to complete the requirements.

Changes to Collective Trademarks

MOLR 5/2026 tightens eligibility and expands procedural requirements for collective trademarks. Collective trademark applications must now be filed only by collective entities, such as groups, associations, cooperatives, or other recognized collective organizations. The government may also file collective marks to support micro, small, and medium enterprise (MSME) development or public services.

This differs from the previous framework, which did not expressly restrict who could apply. By narrowing this broad eligibility, the new regulation redefines collective marks as assets that must be held by a genuine collective body.

The longstanding prohibition on licensing collective trademarks to third parties remains. However, MOLR 5/2026 clarifies an important practical pathway. A nonmember wishing to use the collective mark may do so by joining the collective community.

A key unresolved issue concerns existing collective trademarks held by companies rather than true collective entities; the regulation does not specify how the Directorate General of Intellectual Property (DGIP) will reconcile these cases with the new requirements. For owners in such a position, the prudent approach may be to consider migrating to standard trademarks, supplemented by licensing arrangements, if that structure better reflects the commercial reality.

Other Notable Changes

MOLR 5/2026 optimizes the Ministry of Law regional offices as local assisted-filing gateways that accept non-electronic documents at service counters and enter them into the DGIP’s online system. The actions the regional offices can assist with include applications, recordals, renewals, and obtaining excerpts, and their assistance in these matters is limited to local individuals and MSMEs.

Additionally, the new filing checklist under MOLR 5/2026 recognizes several identity card types as acceptable forms of applicant identification for both domestic and foreign applicants. These types include identity cards, 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 company’s articles of association (bylaws).

The inclusion of the KIA is unusual because it is issued to children under 18, who generally lack legal capacity to independently engage in binding legal acts. A trademark registration creates exclusive and enforceable property rights against third parties—fundamentally different from administrative documents like passports, which merely certify identity and are commonly issued to minors. This framework could lead to disputes in which trademark rights are asserted or challenged against a minor’s registration, raising procedural and ethical complications that run counter to the regulation’s aim of creating greater speed, structure, and legal certainty.

Conclusion

MOLR 5/2026 is a significant recalibration of Indonesia’s trademark system, pairing accelerated timelines with more structured procedural safeguards. Its system of expedited timelines is a positive development that aligns well with Indonesia’s rapidly expanding investment landscape and demonstrates a strong commitment to administrative efficiency and responsiveness. At the same time, it remains important to ensure that the pace of examination continues to support a thorough and reliable review process so that the quality of outcomes is consistently maintained.