As the brand becomes more powerful, not only is there the danger of being infringed but even losing legal protection because of failure to maintain the registration of the trademark. In Indonesia, where regulation is dynamic, trademark registration needs to be renewed for the protection to become effective. An understanding of the process for trademark renewal will therefore be key in protecting your businesses in 2026.
What Is Trademark Renewal?
Trademark renewal means the continuation of validity beyond the expiry period of a trademark. Trademarks in Indonesia receive protection for 10 years from the filing date, with renewals being available for further durations of ten years.
The governing body tasked with the registration and renewal of trademarks is called the Directorate General of Intellectual Property, also known as DJKI.
A renewal guarantees uninterrupted exclusive rights over the trademark.
Why Is Trademark Renewal Important?
Trademark renewal is a core component of law that guarantees a trademark continues to be legally protected and enforceable. In fact, failure to renew the trademark within the required period causes expiration of the trademark. Here are a few reasons why renewing a trademark is essential:
- To maintain the exclusive rights and continue protecting the trademark
- To ensure continued protection of the trademark against any infringement, imitation or unlawful use by third parties
- To avoid losing ownership of the trademark and allowing others to register it legally
- To ensure active commercial use since the renewal process ensures that the trademark does not become a liability to the owner
- To preserve a fair and competitive market by removing expired trademark
- To maintain the integrity of the trademark registry
In conclusion, neglecting to renew the trademark results in the permanent loss of legal protection and the termination of exclusive rights.
When Should You Renew a Trademark?
Renewal should be well-planned before your trademark expiration.
- Renewal can be filed 6 months prior to expiry of registration
- 6 months grace period after expiration of validity period is also available with charges of penalties
Time Plan
- 10th Year Approaching → Renewing preparations
- 6 Months Prior to Expiry → Best time for filing
- Expiry Date → Last day for filing with no charges
- +6 Months From Expiry Date → Filing will be done with charges
- After Grace Period → Registration will cease completely
Requirements for Trademark Renewal
In order to make the process easy and ensure that it adheres to the law, the applicant should meet certain qualifications and have all the necessary documentation. The renewal of trademarks in Indonesia is guided by Law No. 20 of 2016 on Trademarks and Geographical Indications.
General Requirements
Before submitting a renewal application, the following criteria should first be met:
- The trademark should be registered effectively and is currently protected during the grace period.
- The trademark should not have any disputes, opposition, and cancellation claims made on it.
- The trademark should be officially maintained by the trademark holder.
This ensures that only legally acceptable trademarks without any disputes are qualified to renew their status.
Required Documents
The following are the necessary documents that should be prepared by the applicants:
- Certificate of Trademark Registration as proof of the trademark’s registration
- Identity of the Owner, including individual identification cards or the identity of legal entities
- Declaration of Usage of Mark, indicating that the trademark is currently being used. It is mandatory but does not require any evidence
- Power of Attorney, in case the application is filed through an attorney or consultant. It is mandatory especially for foreign trademark owners
| Requirement | Details |
| Certificate | Serves as primary evidence of trademark ownership and registration |
| Identity | Confirms the legal identity of the trademark owner |
| Statement of Use | Declaration that the trademark is still used in commerce |
| Power of Attorney | Authorizes a representative to act on behalf of the owner, mandatory for foreign applicants |
Each document should be precise, clear, and up-to-date. Any inconsistency in ownership information, lack of declarations, or any other type of inadequacy may cause the documents to be rejected by the administration.
Trademark Renewal Procedure
Applications are handled within the system run by the Directorate General for Intellectual Property, which is largely done electronically. Even though the process is not too complex, it is important to observe deadlines and paperwork to remain within legal jurisdiction.
Step 1 – Filing the Application
The trademark owner or his authorized agent should make the renewal request via the official DJKI web-based system.
Important legal aspects:
- It needs to be filed at least 6 months prior to its expiration and, in reality, not later than around 2 weeks prior to its expiration.
- The request is made in an electronic form, but you can get access to the necessary documents and official information online.
- If the owner of the trademark is a foreign company, it is legally obliged to designate an Indonesian patent agent.
Step 2 – Administrative Examination
After submission, DJKI will conduct an administrative review to check:
- The completeness of the information and documentation provided.
- The accuracy of the information provided as compared to the register maintained by the company.
- Conformity with all the formalities.
This process is only related to administrative procedures and formalities, since the actual legitimacy of the trademark was determined earlier at the time of its registration.
Step 3 – Payment of Fees
For the renewal process to begin, the applicant must pay off the government fees according to the relevant tariffs.
Key things to consider:
- Paying off the fees is compulsory for the application to be considered valid
- Late applications submitted beyond the expiry date but within the six months grace period attract extra charges
- Not paying off the fees within the stipulated time frame may lead to an incomplete application
The proof of payment becomes part of the official renewal process.
Step 4 – Approval of Renewal
Upon satisfying all conditions and verifying payment, DJKI will proceed to:
- Grant approval for renewal of the trademark
- Amend the status of the trademark in the register
- Protect the trademark for an additional period of 10 years from the date of expiration of the last registration.
The new registration constitutes valid proof of ownership of the trademark in Indonesia.
These steps ensure that there is no break in trademark protection and that everything is completely within the bounds of Indonesian trademark laws.
Trademark Renewal Costs
The trademark renewal fees in Indonesia vary depending on when you apply for renewal.
- On-time renewal application (prior to expiry):
Approximately USD $130 (Rp 2,250,000) per class
- Late trademark renewal application (within 6 months):
Approximately USD $265 (Rp 4,500,000) per class
If not renewed within the specified timeframe, the cost will be doubled owing to fines levied by the Directorate General of Intellectual Property.
What Happens If a Trademark Is Not Renewed?
Not renewing a trademark will have dire consequences for you as the trademark owner.
- Cancellation of trademark status
The trademark will be cancelled after failing to renew beyond the expiration date and the 6-month grace period, which means that the trademark will be cancelled and removed from the registry.
- Lack of exclusive right
The owner of the trademark will lose their exclusive right over the trademark once the registration period expires without renewal.
- Available for registration
Trademarks that are not renewed become public property, meaning that anyone else can apply to register the trademark.
- Legal defense cannot be used
Once a trademark is not renewed on time, then the owner of the trademark cannot use legal defenses in case the trademark is used elsewhere.
- Reinstatement not possible
If you fail to renew a trademark within the grace period, you cannot renew the trademark again. You need to apply for a new trademark.
In summary, when you miss the trademark renewal date, you stand to lose ownership and exclusivity over your trademark.
Common Mistakes in Trademark Renewal
Common renewal errors occur due to relatively simple yet important mistakes, such as:
- Too late to file: This results in additional costs and a possible loss of trademark
- Incomplete documentation: This may lead to delays in renewal procedures at the Directorate General for Intellectual Property
- Incorrect information: This might lead to rejection or revision of the request
Small mistakes can lead to serious consequences, such as delays, sanctions, or unsuccessful renewals.
Why Use Trademark Renewal Services?
The renewal of a trademark should be done professionally to ensure accuracy and compliance with all the regulations laid down in Indonesia. In choosing to work with professional services, you do so strategically in order to protect yourself.
- Reducing risks of legal and procedural mistakes, ensuring all relevant information is accurate and complete
- Ensuring quick processing of applications, avoiding delays that arise from improper filing
- Ensuring legal compliance throughout the procedure, ensuring that the renewal process is compliant with all applicable laws in Indonesia
In this regard, the WIDJOJO Law Firm is committed to offering quality services regarding trademark renewal. As an established law firm with great expertise in intellectual property laws, it works with its clients on various aspects of renewing trademarks.
FAQ
How long is a trademark valid in Indonesia?
The validity period of a trademark is counting from the date of application.
When should a trademark be renewed?
Renewal is possible 6 months prior to expiration or during the 6-month grace period.
Is there a penalty for late renewal?
Yes, here will be additional fees imposed during the grace period.
Can a trademark be renewed after expiration?
Renewal can only be done during the grace period. Afterward, it becomes impossible to renew the trademark.
How much does trademark renewal cost?
Trademark renewal in Indonesia typically costs around USD 130 per class if filed on time, and about USD 265 per class if filed late, excluding any professional service fees.
Is it mandatory to use a consultant?
No, but it is recommended for accuracy and efficiency.
Conclusion
Renewing a trademark is an important procedure in order to preserve the ownership and protect it in Indonesia. The validity period of trademark registration in Indonesia is 10 years, which means that its renewal can be made indefinitely. Any delay or mistake may result in the failure to enjoy the trademark.
Therefore, it is necessary to conduct such a procedure thoroughly. If you want to be sure about conducting a trademark renewal legally, you should cooperate with a professional service specializing in this field.
In these instances, WIDJOJO Law Firm serves as the right partner when it comes to renewing trademarks. Equipped with knowledge about the Indonesian Intellectual Property Law and its regulation, the WIDJOJO Law Firm offers assistance in ensuring that renewal is done strictly according to legal requirements and procedures.
