Indonesia stands among the world’s leading producers of halal products. Across food and beverage, cosmetics, pharmaceuticals, and Muslim fashion, Indonesian businesses are actively expanding into markets across the Middle East, South Asia, and Europe. As global demand for halal products continues to rise, the opportunity for Indonesian exporters to strengthen their international footprint has never been greater.
Yet behind this momentum lies a legal challenge that too often goes overlooked: international trademark protection.
Many businesses that have successfully entered export markets find themselves facing a serious problem, their brand has already been used or registered by another party in their target country. Without adequate legal protection, a brand built over years of work can lose its exclusive rights in a foreign jurisdiction almost overnight.
Why Trademark Registration Matters, Especially for Halal Products
Under intellectual property law, trademark rights are not automatic. They must be obtained through formal registration. This is affirmed under Article 3 of Law No. 20 of 2016 on Trademarks and Geographical Indications (the “Trademark Law“), which states that trademark rights are acquired only upon registration.
Without registration, a business owner has no solid legal basis to act against parties using the same or similar mark. In export contexts, this becomes even more critical, each country operates under its own legal jurisdiction. The territorial principle, a foundational rule in international trademark law, means that registration in Indonesia provides no automatic protection abroad.
This gap is routinely exploited through trademark squatting, the practice of registering someone else’s brand in a target export country before the legitimate owner does. The consequences can be severe: loss of the right to use the mark in that market, or being compelled to pay significant compensation to reclaim it.
Article 21(1)(a) of the Trademark Law further reinforces this risk: a trademark application will be refused if it is substantially identical to a mark already registered by another party for similar goods or services.
For halal products, the stakes are even higher. A brand does not merely represent a business. It carries a promise of quality, trust, and compliance with halal standards. When that brand is used unlawfully by another party, consumers risk being misled by products whose quality or halal integrity cannot be guaranteed. Over time, this damages not only individual brands but also the broader credibility of Indonesian halal products in global markets.
From a long-term business perspective, internationally registered trademarks provide legal certainty when entering into distribution agreements, attracting investment, or forming partnerships overseas. Many multinational companies treat trademark protection status as a key indicator of business credibility. Beyond that, Article 83 of the Trademark Law grants registered trademark owners the right to file civil claims, including claims for damages and injunctions, against any unauthorized use of a mark that is substantially identical for similar goods or services.
Trademarks are also significant intangible assets. Leading global companies regularly list brand value among their most substantial assets. For Indonesian businesses targeting the global halal market, trademark protection should be treated as a strategic investment, not merely an administrative requirement.
The Madrid System: A Practical Pathway to International Protection
To streamline the process of obtaining trademark protection across multiple countries, the Madrid System (Madrid Protocol), administered by the World Intellectual Property Organization (WIPO), offers a single-application mechanism covering multiple member states simultaneously. Indonesia has been a member of this system since 2017.
The Madrid System delivers meaningful efficiency in terms of time, cost, and administration, replacing the need to file separately in each country. Based on the procedures set out by the Directorate General of Intellectual Property (DJKI), the process generally involves the following stages:
- Establish a Basic Application or Registration in Indonesia
The applicant must first hold a pending or registered trademark in Indonesia as the basis for the international application (basic application or basic registration). The international filing will refer to this base mark, including the goods or services it covers.
- File Through the DJKI as Office of Origin
The application is submitted through the DJKI, which conducts a formal review to ensure consistency with the base registration. Once complete, the DJKI forwards the application to WIPO for further processing.
- WIPO Administrative Examination
WIPO reviews the application administratively. If no deficiencies are found, the mark is recorded in the International Register and published in the WIPO Gazette of International Marks. The applicant receives an International Registration Number , confirmation that the mark is internationally registered under the Madrid System.
- Substantive Examination by Designated Countries
WIPO transmits the application to the trademark offices of each designated country. Each country then conducts its own substantive examination under national law. If no refusal is issued within the prescribed period, the mark receives protection equivalent to a directly filed national registration.
- Duration and Renewal
International protection is valid for 10 years and may be renewed every subsequent 10 years. The system also allows trademark holders to extend protection to additional countries at a later stage through a subsequent designation mechanism.
Also read: Produk Impor Halal untuk Ramadan: Mengapa Izin Edar BPOM Wajib Dipenuhi Sebelum Masuk Pasar
A Strategic Approach for Halal Exporters
For halal product exporters, international trademark protection should be integrated into the business expansion strategy from the outset, not as an afterthought.
The first step is conducting a trademark search in target export markets to confirm that the intended mark does not conflict with existing registrations. From there, businesses should prioritize registration in key markets based on export potential, expanding coverage progressively rather than attempting to register everywhere at once.
Branding considerations also matter globally. A brand name that is easy to pronounce, free of negative connotations in local languages, and clearly aligned with a halal identity will resonate more effectively with international consumers.
In the long run, robust international trademark protection builds the legal foundation that Indonesian halal brands need to grow, and to be trusted, on the world stage.
Also read: Label Halal Tanpa Sertifikat Resmi: Risiko Hukum yang Perlu Diwaspadai Pelaku Usaha
Considering international expansion for your halal products? Our team at SIP-R Consultant advises on trademark registration strategies tailored to your target markets. Reach out to discuss how we can support your brand’s global journey.
Regulations:
- Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis (“UU MIG”).
- Trade-Related Aspects of Intellectual Property Rights (“TRIPs”).
References:
- Indonesia Ternyata Jadi Salah Satu Importir Produk Halal Raksasa Dunia, Kok Bisa?. Warta Ekonomi. (Diakses pada 5 Februari 2026 pukul 09.23 WIB).
- Pentingnya Mendaftarkan Merek Dagang Sebelum Ekspor Produk. Badan Perizinan Nasional. (Diakses pada 5 Februari 2026 pukul 09.40 WIB).
- Pendaftaran Merek Internasional. Direktorat Jenderal Kekayaan Intelektual (DJKI). (Diakses pada 5 Februari 2026 pukul 10.15 WIB).
- Ini Panduan Praktis Pendaftaran Merek Indonesia untuk Pelaku Usaha di Pasar Internasional. HukumOnline. (Diakses pada 5 Februari 2026 pukul 10.59 WIB).