Registering a trademark is one of the most important steps in protecting your business identity. Yet many business owners overlook a critical first step: checking whether the name or logo they want to register has already been used or filed by someone else.
Skipping this step can result in a rejected application, with no way to recover the time and fees already spent. To avoid this, there is one straightforward action every business owner should take before filing: conducting a trademark search through the official system provided by the Directorate General of Intellectual Property, known in Indonesia as DJKI.
Why You Must Check Your Trademark Before Filing
Many people assume trademark registration is simply a matter of completing a form and paying a fee. In reality, every trademark application in Indonesia goes through a substantive examination, during which DJKI evaluates whether the applied mark has similarities to existing registered trademarks or those already in the application queue.
The legal basis for this is Law No. 20 of 2016 on Trademarks and Geographical Indications, as amended by Law No. 6 of 2023 on Job Creation. Under these regulations, a trademark application may be refused if the mark has similarity in its essential elements or similarity in its entirety with another trademark already registered or currently being processed for the same or similar goods or services.
How to Search for Trademarks Using PDKI DJKI
DJKI provides a free, publicly accessible trademark search tool through the Pangkalan Data Kekayaan Intelektual, commonly referred to as PDKI. This is the official database containing all trademarks registered in Indonesia, as well as those currently in the application process.
Steps to check a trademark through PDKI:
- Access the Official Site: Open your browser and go to
pdki-indonesia.dgip.go.id. - Select the Trademark Category: In the search bar, ensure you select “Merek” (Trademark), not patents or industrial designs.
- Enter the Brand Name: Type the brand name you wish to register into the search field, then press Enter or click the search icon.
- Use Name Variations: Do not just look for the exact spelling. Type in spelling variations, abbreviations, or words that sound similar when spoken aloud (phonetic similarity).
When going through the results, there are several things you need to assess at the same time. Look at the trademark names. Are there any that sound or look similar to yours, even if the spelling is different? If you are registering a logo or a combined mark, check for visual resemblance as well. Pay attention to the class each result falls under, and take note of the trademark’s current status, whether it is actively registered, pending, or expired.
One mistake many people make is running a single search and immediately concluding it is safe. A thorough search requires trying multiple variations, including alternative spellings, names that sound similar when spoken, and translations of your mark into other languages. If your mark is in Indonesian, search for its English equivalent too, and vice versa. The more variations you cover, the more complete your picture becomes.
It is also important to understand that Indonesia operates on a first to file system, meaning the party who files first is given priority regardless of who started using the name earlier. This makes trademarks with a pending status just as relevant to your search as those that are already registered.
Reading Your Search Results and Choosing the Right Class
Once you run a search in PDKI, you will see a list of trademarks that are either registered or currently queued for examination. If this is your first time using the system, the results may feel difficult to interpret. Here is a straightforward way to approach them.
Each result shows the trademark name, owner, class, and status. Your main focus should be on two things: whether any listed trademark is similar enough to yours to be a problem, and whether that trademark is in the same class you plan to apply for.
Indonesia’s trademark system uses the International Classification of Goods and Services, known as the Nice Classification. It divides all products and services into 45 classes, consisting of 34 classes for goods and 11 classes for services. Trademark protection only applies to the specific class or classes in which a mark is registered, and does not automatically extend to others.
This means two businesses can technically hold trademarks with the same name, provided they operate in different classes and there is no real likelihood of consumer confusion. On the other hand, registering in the wrong class means the protection you have paid for may not actually cover your core products or services.
Some commonly used classes among Indonesian businesses include Class 25, which covers clothing and footwear; Class 30, which covers food products such as coffee, tea, and baked goods; Class 35, which covers trade and marketing services; Class 43, which covers food and beverage businesses and temporary lodging; and Class 41, which covers education and entertainment services. These are general examples. For an accurate class determination specific to your business, consult the official DJKI guidelines directly.
Next Steps After the Search
After completing your trademark search, you will typically encounter one of three outcomes, each calling for a different response.
No similar marks found. This is the most favorable result. Your next step is to prepare your application documents and file through the official DJKI system. Keep in mind, however, that a clean search result is not a final guarantee. DJKI’s examiners conduct their own independent review during substantive examination.
Similar marks found, but not identical. This requires careful analysis. You need to consider how closely the marks resemble each other, whether they occupy the same class, and how likely it is that consumers would confuse the two. In this scenario, consulting a registered intellectual property consultant before proceeding is strongly advisable.
Identical or near identical marks found in the same class. This is a clear indication that filing with that name will most likely result in rejection. Your best option is to significantly modify or replace the mark before submitting a new application.
A trademark search is not a guarantee that your application will be approved, but it is the most important first step and the one most frequently skipped. Taking the time to check through PDKI before filing is far more cost effective than facing a rejected application, being forced to rebrand after years of building recognition, or finding yourself in the middle of a trademark dispute. Starting carefully is the best protection you can give to the identity you have worked to build.
Frequently Asked Questions (FAQ)
Similarity in entirety means your trademark is identical to one that already exists. Similarity in essential elements is broader: your mark does not need to be an exact copy. It only needs to be substantially similar in sound, spelling, or visual appearance to a degree that could confuse consumers.
In practice, this means that changing just one letter, adding a small word at the beginning or end, or making minor visual adjustments may not be enough. DJKI's examiner can still refuse an application if they determine the overall impression is too close to an existing mark.
Beyond rejection, there is a second risk that carries even heavier consequences. If your trademark turns out to be similar to an existing one after you have already built your brand around it, the prior trademark owner may initiate legal proceedings. This can directly affect your business operations, your reputation, and expose you to significant legal costs, all of which could have been avoided by simply checking before filing.
Results are relatively safe when no identical or substantially similar trademark is found in the same or closely related class. That said, judging whether two marks are similar enough to cause problems is not always straightforward, especially when you are attached to a name you have already built your brand around. An outside perspective can make a significant difference in these situations.
A registered intellectual property consultant can conduct a deeper trademark search, provide a legal assessment of similarity risks, and guide you through the entire registration process. There are specific situations where professional involvement is especially worthwhile: when you are uncertain whether a similar mark you found poses a real risk, when your trademark combines text and visual elements in a complex way, when you plan to register across multiple classes at once, or when your business is already well established and rebranding would seriously disrupt your customer relationships and marketing investments.
