HOW TO EXTEND TRADEMARKS’ REGISTERED STATUS IN INDONESIA
Trademark is a key element in a business. A Trademark as the identity of a product is a marketing tool that determines the people’s perception of a product. Therefore, building a brand image is not an easy feat and requires a lot of time, effort, and funds put into it.
Indonesia administers protection of Trademarks to Trademark owners, with the main requirement being that the Trademark has to be registered to the Directorate-General of Intellectual Property (DITJEN KI), handling IP Indonesia. The issue after registration would be that there is a time limit to the registered status. Protection of Trademarks in Indonesia lasts for 10 years since the registration date. Afterwards, Trademarks’ registration status can be extended for another 10 years.
Trademarks whose registration statuses aren’t extended run the risk of losing the protection and subsequently businesses might lose their rights to IP indonesia. Since registration is an absolute requirement to ownership of Trademarks, by registering a Trademark, one’s ownership of it is recognized in absolute terms by the country where the Trademark is registered, including Indonesia.
In extending a Trademark’s registered status, the following are the things to be considered:
- Trademark of goods or services is still in use (in trade) by the owner;
- The time period to apply for extension of Trademark’s registered status is minimum 6 months before the expiration date or 6 months after the expiration date;
- Trademark is not in the middle of any disputes;
- The party authorized to apply for extension is the holder of the Trademark rights or the person that has been given the authorization to do so by the holder.
Documents that must be prepared in order to apply for extension are:
- Statement letter stating “Trademark is Still in Use”;
- Power of Attorney letter to the Intellectual Property Consultant (optional for Indonesian nationals and mandatory for foreign nationals);
- Scanned copy or physically copy of Trademark certificate;
- Identity of Trademark rights holder;
- Filled out Trademark extension form;
- Trademark label (logo/name of Trademark).
The above documents are to be prepared and brought to the DITJEN KI offices in Kuningan, South Jakarta. Trademark owner would then be asked to pay the extension fee and deposit the Trademark Extension PNBP fee according to the tariff determined through the virtual number give by DITJEN KI.
The process of Trademark extension from application until the statement letter of Trademark protection extention is issued is approximately 6 months for those applying by themselves directly to the DITJEN KI offices. For those applying through a registered IP Consultant in Indonesia, the process would only take approximately 3 weeks (given that there are no drawbacks). This is possible because registered IP Consultants have their own online accounts to access the DITJEN KI online registration system for IP indonesia.