In Indonesia, the procedure for renewing a Trademark is governed by Law No. 20 of 2016 on Trademarks and Geographical Indications (“Trademark Law”). According to this regulation, a registered Trademark is valid for 10 years from the filing date and may be renewed within 6 months prior to its expiration date, and up to 6 months after the expiration date (under the grace period mechanism) with additional official fees.
Before the enactment of the current Trademark Law, failure to renew a Trademark on time meant automatic removal from the register, with no recovery route other than refiling a brand-new application. Fortunately, under the current regime, the system is more forgiving—albeit with additional cost implications. As in many areas of Intellectual Property, timeliness is essential, and renewal deadlines should be treated with the same gravity as initial filing deadlines.
What Happens If the Deadline Is Missed?
Missing the renewal deadline does not immediately result in loss of rights. Under the Trademark Law, owners are granted a 6-month grace period after the expiry date in which they may still renew their Trademark. However, this comes at a cost: the official fees are approximately doubled.
It is important to note that once the grace period lapses, renewal is no longer possible, and the Trademark will be removed from the register. The only available option at that point is to file a new Trademark application—a route that may come with increased risks, especially if similar marks have been filed in the interim.
When Can a Trademark Be Renewed?
A Trademark renewal may be filed as early as 6 months prior to the expiration date. To renew a registered Trademark in Indonesia, the following documents are required:
- Statement of Use of Mark
While a declaration of use is mandatory, no physical evidence of use is required to be submitted to the Directorate General of Intellectual Property (DGIP). - Power of Attorney
Foreign Trademark owners must appoint a local agent or legal representative. A signed Power of Attorney is required for the renewal process.
Timeline
Once the renewal application is submitted, the DGIP will issue a renewal receipt. Thanks to the digitization of the system, the renewal certificate or confirmation notice is generally issued within a day, making the process swift and efficient compared to earlier practices.
Should you need more information about the Trademark Renewal in Indonesia, feel free to contact us at [email protected].
