Regulation of the Minister of Law Number 5 of 2026 Accelerates the Digitalization of Trademark Registration and Regulates the Force Majeure Mechanism

Introduction

On 13 January 2026, the Ministry of Law enacted Regulation of the Minister of Law Number 5 of 2026 on Trademark Registration (“MoL Regulation 5/2026”), which took effect on 23 February 2026. This Regulation revokes Regulation of the Minister of Law and Human Rights Number 67 of 2016 on Trademark Registration (“MoLHR Regulation 67/2016”) and its amendment, Regulation of the Minister of Law and Human Rights Number 12 of 2021 (“MoLHR Regulation 12/2021”), in order to align with the evolving legal needs of the public and businesses.

MoL Regulation 5/2026 was established to modernize the intellectual property service system. The Government considers that the previous regulation no longer corresponds to current legal needs. Through this Regulation, the Ministry of Law seeks to harmonize technical rules with the Job Creation Law and to enhance the efficiency of trademark business processes through an integrated electronic system in order to address bureaucratic challenges that previously hindered brand protection.

 

Comparison

The following table presents a comparison between MoL Regulation 5/2026 and MoLHR Regulation 67/2016 in conjunction with MoLHR Regulation 12/2021:

 

Key Provisions

Full Transformation to Electronic Services

Pursuant to Article 4 and Article 5, an Applicant submits a trademark registration application electronically through the official website of the Directorate General of Intellectual Property. While service counters previously accepted manual documents, Article 5 paragraph (3) now expressly stipulates that non-electronic services serve solely to assist Applicants in entering data into the official system.

Requirements for Micro and Small Enterprise (MSE) Applicants

Under Article 2 paragraph (8), an Applicant claiming MSE status must attach one of the following documents:

1. A recommendation letter for micro and small enterprises issued by the relevant ministry or agency, valid for one trademark in a single application;
2. A risk-based business license document (NIB) for micro/small scale registered in the OSS system;
3. A certificate of registration for the establishment of an Individual Company; or
4. An approval for the establishment of a “Red and White” village/sub-district cooperative.

Issuance of the Official Excerpt of the Certificate

Article 46 paragraph (8) significantly shortens the issuance period for the official excerpt of a Trademark certificate, whereby the Minister issues the official excerpt within a maximum of 1 (one) Day from the date of receipt of the request. This timeframe is considerably faster than the previous regulation, which allowed up to 15 days. Applicants may submit this request electronically or through non-electronic assistance services, subject to payment of Non-Tax State Revenue (PNBP) fees.

Timeframe for Substantive Examination

According to Article 39 paragraph (2), if no objection is filed by the public, the Examiner must complete the substantive examination within a maximum of 30 (thirty) Days. However, if an objection (opposition) is submitted by another party, Article 40 paragraph (2) provides that the Examiner must complete the examination within a maximum of 90 (ninety) Days.

Legal Protection in Force Majeure Circumstances

MoL Regulation 5/2026 introduces a protection mechanism for Applicants affected by disasters. Under Article 73, in the event of war, revolution, civil unrest, natural disasters, or other emergency situations, an Applicant may request an extension of time to complete the required documents. The Minister has the authority to grant such an extension based on valid supporting evidence, thereby ensuring that the Applicant’s rights do not lapse due to circumstances beyond their control.

Government’s Role in Collective Marks

Pursuant to Article 70 paragraph (2), the Government may file an application for registration of a Collective Mark to support the development of Micro, Small, and Medium Enterprises (MSMEs) and public services. Within this framework, the authorized official acts as the Applicant representing the relevant community or business group.

 

Transitional Provisions

Based on Article 75, all applications for registration, renewal, recordal of assignment, or amendment of data submitted prior to 23 February 2026 continue to be processed in accordance with MoLHR Regulation 67/2016 in conjunction with MoLHR Regulation 12/2021.

 

Closing

MoL Regulation 5/2026 reforms the trademark registration system through the full digitalization of services, whereby the non-electronic channel is now limited to technical assistance. In addition to accelerating administrative processes with a one-day target for issuing certificate excerpts and clearly defined substantive examination periods, this Regulation strengthens legal certainty by introducing stricter verification requirements for MSE status and by establishing a protection mechanism for Applicants’ rights in force majeure circumstances.