A registered trademark in Indonesia receives a protection period of 10 years from the date of filing. The filing date is defined as the date on which the trademark application is received and all requirements are fulfilled, including the completed application form, trademark label, and proof of payment of registration fees.
Trademark Protection Extension is necessary for trademark owners who have obtained a trademark certificate to extend the protection period of their trademark for another 10 years. The application for Trademark Protection Extension can be submitted 6 months before the trademark protection period expires.
Furthermore, the trademark renewal may still be done within 6 months after the expiry of the protection period, subject to a charge and a fine equal to the amount of the trademark rights loss due to the delay in filing the trademark renewal.
To renew a trademark, the applicant must prepare the following:
- Brand etiquette/label;
- Trademark certificate;
- Intellectual property consultant’s power of attorney (if using a consultant);
- Statement letter on trademark usage;
- Statement letter of non-use of the goods/services class (for multi-class);
- Recommendation letter from UKM Binaan or Statement letter from UKM Binaan Dinas.
Article 36 of the regulation on Trademarks and Geographical Indications states that the trademark renewal application will be approved when the applicant also submits the statement letter confirming:
- The trademark is still being used for the goods or services as stated in the trademark certificate.
- The goods or services mentioned are still being produced and/or traded.
If the protection period has ended and the trademark owner does not renew the trademark, other parties will have the opportunity to apply for registration of the trademark without needing permission or approval from the previous trademark owner.
If you, a prospective client, have further inquiries about the topic discussed above, Schinder Law Firm is one of many corporate law firms in Indonesia that has handled numerous similar matters, with many experienced and professional corporate and civil lawyers in its arsenal, making it one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.
Author:
Budhi Satya Makmur