When to file trademark renewal in Indonesia?

In Indonesia, even though the right of a trademark is regulated to be valid for only 10 (ten) years, the right of the trademark is still considered “eternal” because under article 35 paragraph (1) of Law No. 20 of 2016 regarding Trademark and Geographic Indication (“Mark Law”), the right of a trademark can always be renewed for the same validity period.

The trademark renewal may be carried out by the owner of the trademark or its appointed IP Consultant either through electronic or non-electronic filing, even though, in practice, Since the implementation of electronic filing, the Directorate General of Intellectual Property only receives applications through electronic filing.

In regards to the timing of filing a renewal, Article 35 paragraph (3) of Mark Law points out that a trademark renewal shall be filed within 6 (six) months before the validity period of the trademark ends.

Although it is possible to file the trademark renewal after its validity period has ended for up to 6 (six) months period, the trademark owner, in addition to the renewal fee, is required to pay a penalty in the same amount as the renewal fee.

Although the process of trademark renewal can be done repeatedly, this may raise a question such as if a trademark is eternal, why do we have to extend it every 10 years?

Trademarks exist for the purpose of giving identity to the goods/services resulting from business activities. Therefore, in order to make sure that the trademarks are still utilized by the owner for its business activities, the trademark has to be renewed occasionally. As such, the trademarks which are no longer used will be kept by the relevant country in which the trademarks are registered, and such trademarks will be open to being registered by other parties.

Thus, do not forget to renew your trademarks!

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