In accordance with the Law No. 20 Year 2016 on Trademark and Geographical Indications (the Trademark Law), a Trademark owner may renew its registered Trademark within 6 months before the due date – which is calculated from 10 years from the date of application. Before the enactment of the current Trademark Law, a registered Trademark would be automatically removed from the register if the owner forgot to renew it. The only option to “revive” the Trademark back then would be to refile a new application. However, as we all are aware, in the riveting realm of intellectual property law, time is not just money – it is the undisputed king, and deadlines are not mere suggestions, they are royal commands.
While meeting renewal deadlines is of utmost importance, but what unfolds when a Trademark owner takes a memory misstep and lets the renewal lapse into the abyss of forgetfulness? Well, it is not the end of the world – the Trademark owner just has to pay more official fees – more or less double – to keep the Trademark alive. This is regulated by the Trademark Law where it allows a Trademark to still be renewed even after the deadline has passed. However, the grace period is only limited to 6 months after the deadline. Please note that it is technically impossible to renew the Trademark after the grace period has lapsed. Refiling the Trademark is the only feasible option.
When is the earliest time a Trademark can be renewed?
A registered Trademark can be renewed within 6 months before the deadline.
Requirements
Please note that in order to file a Trademark renewal, a Trademark owner should submit a Statement of Use of Mark. No active evidence of use will need to be submitted to the Trademark Office. All foreign Trademark owners should appoint a legal proxy to renew a registered Trademark. Therefore, a power of attorney will also need to be signed and submitted as well.
Timeline
Upon the submission of a renewal application, the Trademark Office will issue a renewal application receipt. Please also note that unlike in the past, the Trademark renewal notification/certificate is issued within a day.
Should you have any questions about Trademark renewal in Indonesia, please contact us at [email protected].
