Trademarks protect your company’s goods or services from unauthorized use and infringement, therefore differentiating them from competitors. You have to, however, regularly do a trademark renewal since missing the deadline could have bad consequences.
Renowned intellectual property law firms like us at Am Badar & Am Badar understand the value of trademarks in maintaining brand integrity. Having a lot of expertise serving both domestic and foreign clients, we specialize in handling the intricacies of trademark law to provide robust protection of your intellectual property.
Here you can find our story about “Trademark Dispute Success”. More than that, you can also check the insight and services page, or contact the team.
Get to Know What Trademark Renewal Is
An original sign, logo, term, or combination of elements that distinguish one entity’s goods or services from another is a trademark. One could find this particular identification in a name, design, slogan, voice, or even a color palette. It ensures legal protection against illicit use, therefore ensuring that only the owner has the right to use it in trade.
Globally, agreements like the Madrid Protocol let one apply once to register trademarks across numerous countries, therefore acknowledging trademarks.
The renewal of a trademark then is the process of prolonging the protected period of a registered trademark. This process is essential as, without renewal, the trademark protection expires and hence can let competitors use it.
Generally valid for 10 years from the date of registration, trademarks can be renewed constantly for 10 more years at any moment. This renewal means submitting the necessary documentation and payments to the relevant IP body/office before the trademark expires.
Trademark Renewal Rules in Indonesia
The main regulations governing this renewal process in Indonesia are Law Number 20 of 2016 about Trademarks and Geographical Indications and Government Regulation Number 22 of 2018 about The Registration of International Trademarks Based on the Madrid Protocol on International Registration of Marks.
Law Number 20 of 2016 emphasizes trademark owners the guidelines of renewing their trademark every 10 years. This regulation ensures the trademark owner keeps their exclusive rights, therefore stopping others from using a like mark for their goods or services.
Meanwhile, the Madrid Protocol international trademark registration under government supervision is addressed by Government Regulation Number 22 of 2018. This regulation outlines the procedures for foreign trademarks seeking protection in Indonesia and Indonesian trademarks seeking protection abroad.
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Why Trademark Renewal Must Be 10 Years
As was already mentioned, the regulations provide that trademarks registered in Indonesia are first covered for 10 years; thereafter, they must be renewed to cover another 10 years. This specific time is supposed to be a blend between administrative efficiency and the dynamic character of businesses.
Mostly, this ten-year contract is meant to ensure that the trademark owner stays active and committed to the business. A ten-year renewal term allows businesses adequate time to grow, change, and assess the relevance and market presence of their brand without the weight of frequent renewals.
Moreover, this interval fits with international norms, thereby encouraging consistency and dependability in world trade activities. This is so because, like the UK, many countries in general also depend on the ten-year period.
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Requirements for Renewing Trademarks in Indonesia
As quoted from the Directorate General of Intellectual Properties (DGIP) of Indonesia, the procedures for renewing a trademark in the country have several requirements for the applicants to follow. Let’s break it down:
- Required Timeframe
Applying for a trademark renewal starts six months before your trademark’s protection period ends. Still, make sure you renew it on time to avoid extra expenses.
- Required Documents
- A clear label or etiquette of your trademark.
- The original trademark certificate.
- A notarized power of attorney (if you are using an IP consultant).
- A declaration (statement of use) stating that you are still using the trademark. Download it from the DGIP’s website at this link.
- If the trademark covers multiple classes, provide a statement for the classes not in use (non-use statement).
- For small or medium-sized enterprises (SMEs), attach a recommendation letter/certificate from the related authority.
- Required Fees
- Before expiration: Rp1,000,000/class for SMEs and Rp2,250,000/class for general applicants.
- Within 6 months after expiration: Rp2,000,000/class for SMEs and Rp4,500,000/class for general applicants.
What Happens If the Trademark is Not Renewed
Failing to renew your trademark can have serious consequences. Once it runs out, your trademark registration will be considered “dead”. You will lose legal defense against infringement, thus anyone else might maybe make use of your brand name or emblem.
It means you no longer have exclusive rights to your brand identity, which can also lead to counterfeit goods and services undermining your brand. Usually, then, the renewal process starts before the trademark expires.
Still, some regions provide an additional grace period under more strict requirements even if the first renewal date is missed. For example, in Indonesia, you can renew up to six months after the protection period ends, despite the extra expenses.
Trademark Renewal Procedures
Now that you understand the concept in general and the rules of renewing a trademark in Indonesia, let’s discuss the procedures according to Indonesia’s DGIP below:
- Complete all the requirements, as mentioned before.
- Visit Simpaki DGIP at the URL http://simpaki.dgip.go.id/ to request a billing code.
- Under the service type, choose “Trademarks and Geographical Indications” (Merek dan Indikasi Geografis); then, “Trademark Renewal” (Perpanjangan Jangka Waktu Perlindungan Merek).
- Enter your details (name, address, email, phone number).
- Make the payment using ATM, internet banking, or mobile banking.
- Log in to your trademark account at https://merek.dgip.go.id/.
- Choose “Post Online Application” (Pasca Permohonan Online) and click “Add” (Tambah).
- Follow the prompts to select your renewal type, enter your billing code, and fill in applicant data.
- Upload all required documents and review your application before submitting.
- Give notes to the officer (if applicable), then click “Finish” (Selesai).
Remember, should you decide to add a class or type of good or service, you have to submit a new application ensuring the name and address match the prior one. Also, always attach a receipt of the application or trademark certificate to help to further prevent rejection.
You can visit the official DGIP website for further details. But if you feel like the processes are too complex, at Am Badar & Am Badar we assist to simplify the renewal procedures for you. Our team will handle all the steps directly with the DGIP, so you can focus on managing your business.
Also, our IP services not only offer Trademark Renewal Service but extend to other trademark-related services like registration and dispute resolution. Contact us now to learn more about how we can assist you. Finally, visit our insights page for informative articles, such as “The Importance of Trademark Name Search and How to Do It”.
References
- https://www.briffa.com/blog/trade-mark-renewal-and-maintenance-what-you-should-know/
- https://dgip.go.id/faq/list-faq/merek/Merek%20-%20Perpanjangan
- https://dgip.go.id/menu-utama/merek/pasca-permohonan-merek
- https://peraturan.bpk.go.id/Details/87155/pp-no-22-tahun-2018
Reviewed by Nabil Argya Yusuf