In Indonesia’s growing market, brand protection is critical. Yet many businesses are unsure: should you use TM, R, or SM next to your brand? Understanding when and how to use these trademark symbols can significantly influence your brand’s security and public perception. Here’s a clear, practical guide to help you navigate trademark usage in Indonesia based on the latest legal practices and best strategies.
Also read: Understanding Trademark Regulation in Indonesia
Understanding the TM, R, and SM Symbols
Trademark symbols serve as important signals to the market:
- TM (™): Stands for “trademark” and is used for unregistered product trademarks. It informs the public that you claim the rights to the mark, even though it isn’t officially registered.
- SM (℠): Short for “service mark,” SM works like TM but is used for service-based businesses, like banking or consulting.
- R (®): Indicates a registered trademark. You may only use the ® symbol after your trademark is officially registered with Indonesia’s Directorate General of Intellectual Property (DJKI). It confirms that your brand has full legal protection.
Using TM or SM does not give you legal rights under Indonesian law; only a registered trademark is legally protected.
Also read; Is There a Grace Period for Trademarks in Indonesia?
What the Law Says in Indonesia
Unlike some countries, Indonesia does not legally require the use of TM, R, or SM symbols. Their use is voluntary and primarily informational. According to Law No. 20 of 2016 on Trademarks and Geographical Indications, the important principle is registration itself. Under Indonesia’s first to file system, rights are only granted when you register a trademark, not simply by using it.
Key legal points:
- Using ® without a valid registration may be seen as fraudulent under international standards.
- TM and SM symbols don’t offer legal protection but act as a warning to competitors.
When and How to Use TM, R, or SM
| Symbol | When to Use | Key Note |
|---|---|---|
| TM (™) | Before or during the trademark registration process for products. | Assert ownership early. |
| SM (℠) | For unregistered trademarks of services like consulting, finance, shipping. | Use if service-based. |
| R (®) | Only after official registration with DJKI. | Provides full legal trademark protection. |
It’s important to also ensure conformity of use: your brand must match the registered design, format, and usage outlined in your official documents, or you risk cancellation.
Why Registration Matters More Than Symbols
Using TM or SM without registration has no enforceable legal effect in Indonesia. True protection begins only once your trademark is formally registered with the DJKI. Registration steps include:
- Submit application via https://merek.dgip.go.id/
- Attach your brand design (label)
- Pay the official fee
- Await examination and approval
The registration remains effective for 10 years and can be renewed.
If you want to register trademark in Indonesia, you can rely on InvestinAsia’s Indonesia IP, Copyright, Patent, and Trademark registration service for a simpler process.
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Common Mistakes to Avoid
- Using ® without registration: Risk of penalties or being accused of fraud.
- Skipping conformity: Your mark must consistently match the registered form in font, color, and usage.
- Delaying registration: You lose legal priority if someone else files first under Indonesia’s “first to file” rule.
Final Advice
If you’re operating a business in Indonesia, the smartest move is:
- Register your trademarks early.
- Use TM or SM when unregistered, and R only once registered.
- Maintain conformity in your brand usage.
By understanding and applying these simple but important rules, you’ll safeguard your brand’s future, strengthen your market presence, and avoid unnecessary legal complications.
Also read: Trademark vs Copyright: Understanding Key Differences
FAQs
Can I use TM or SM while my trademark application is pending?
Yes. Using TM or SM during the application process signals your intent to claim the trademark and can deter infringers.
Is there a penalty for incorrectly using TM or SM?
No, as their use is voluntary. However, falsely using ® without a registration may cause legal issues.
Can I register a service mark in Indonesia?
Yes. Services can be protected under standard trademark registration. Use SM before registration and ® after.
Do symbols help in international branding?
Absolutely. While they are not mandatory, TM, SM, and ® help position your brand as serious and protective of its IP across markets.
