START NOW – A trademark is essential for business continuity. Additionally, a registered trademark has a validity period. So, it is important to know the trademark renewal requirements.

In addition to the trademark renewal requirements, it would be better if you also know the procedure. 

What is a Trademark?

Before discussing further about trademark renewal requirements and procedures, you should first understand about the definition of trademark.  

Trademark is the name of goods or services traded by a company that differentiate them from other similar goods. 

Therefore, registering a trademark is crucial for protecting your business from unauthorized use. Moreover, a trademark is typically used to build consumer loyalty.

This is because with a trademark, potential buyers will be able to recognize your product or service more easily.

The trademark is registered with the Directorate General of Intellectual Property (DJKI) of the Ministry of Law and Human Rights. 

It is legally protected for 10 years from the date of application. Entrepreneurs can extend it online after the validity period has expired.

Functions of a Trademark

According to the website of DJKI of the Ministry of Law and Human Rights (Kemenkumham), the functions of trademarks include:

• A distinguishing tool to differentiate the production results of one or more people or legal entities from others.
• A promotional tool, promoting products simply by mentioning the trademark.
• A guarantee of the quality of the goods.
• An indicator of the origin of the goods or services produced.

Additionally, trademark registration also functions as:

• Proof of ownership rights over the registered trademark.
• A basis for rejecting identical or substantially similar trademarks applied for by others for similar goods/services.
• A basis to prevent others from using the same or substantially similar names in circulation for similar goods/services.

Given its important function, it is imperative that you take care of the trademark renewal when it expire. 

So, what are the trademark renewal requirements and procedures? 

Trademark Renewal Requirements

An application for trademark renewal can be filed no later than 6 months before the expiration period.

The trademark renewal requirements you need to complete including:

• Trademark label or label

• Trademark certificate
• Power of attorney with a stamp if using a consultant
• Statement letter of trademark use as per the format
• Statement letter not using a class of goods or services, valid for multi-class
• Original recommendation letter from fostered SMEs or a statement letter from the fostering agency.
• Trademark renewal fee based on the category and submission time.

You should also note that the cost of this extension varies slightly. It is depending on the application period and the type of company.

If you file within 6 months before or until the expiration of trademark protection, then the rates are: 

• For Small and Micro Entreprises (SMEs): IDR 1,000,000 per class
• For general company (non-SMEs): IDR 2,250,000 per class

Meanwhile, if you file a maximum of 6 months after the expiration of trademark protection, then the rates are: 

• For SMEs: IDR 2,000,000 per class.
• For general: IDR 4,500,000 per class

How to Renew a Trademark

After completing the trademark renewal requirements, now it is time for you to know about the procedures. 

You can carry out the procedure of trademark renewal online with the following two steps: 

Request Billing Code

To request a billing code, you can first access the https://simpaki.dgip.go.id page, then do this following steps:

1. Select ‘Trademark and Geographical Indications’ under the service type
2. Select ‘Extension of Trademark Protection Period’
3. Select the remaining protection period of the trademark to be extended
4. Enter Applicant Data and Application Data such as name, full address, email, and phone number, etc.
5. Make payment via ATM/internet banking/m-banking as a renewal requirement.

Login to the Website

After making the payment, you should immediately log in at https://merek.dgip.go.id using the trademark account. Then, you can proceed with the trademark renewal as follows:

1. Select ‘Post Online Application’
2. Select application type ‘Extension of Trademark Protection Period’ based on the remaining protection period.
3. Enter the paid billing code, click the ‘Add Application’ button (bottom left), enter Application Number
4. Enter Applicant Data, including if the application is with a power of attorney if using a consultant.
5. Select ‘Add’ and attach the required documents
6. Check and ensure all data is correct
7. Provide notes for the Officer if necessary.
8. Click ‘Finish’.

Rejection of Trademark Registration

In addition to the trademark renewal requirements and procedures, you also need to know the obstacles that may hinder it.  

There are times when a trademark application or renewal cannot be registered for the following reasons: 

• Contrary to the state’s ideology, laws, morality, religion, decency, or public order.
• Identical to or related to, or merely mentions the goods and/or services for which registration is applied.
• Contains elements that can mislead the public about its origin, quality, type, size, kind, purpose of use
• The name of of the goods or services are using a protected plant variety for similar goods or services.
• Contains information that is completely inconsistent with the quality, benefits, or efficacy of the goods or services produced.
• Lacks distinctiveness.
• It is a generic name or a common symbol.

In fact, even though the trademark renewal requirements have been met, not all trademark registration applications get immediate approval. 

Here are some reasons that may cause the refusal: 

• Substantial similarity to an already registered trademark for similar goods or services.
• Substantial similarity to a well-known trademark for similar goods or services.
• Substantial similarity with a well-known trademark for different goods or services. The exception is provided that it meets certain requirements stipulated by government regulations.
• Substantial similarity to a well-known geographical indication.
• Resemblance to the name, photograph, or legal name of another person. The exception is if there is written consent from the rightful party.
• Imitation or resemblance to the name or abbreviation, flag, symbol, emblem of a country or national or international institution.

The exception is if there is a written consent of the authorized party.

• Imitation or resemblance to official marks or seals used by the state or a government institution. 

The exception is if there is a written consent of the authorized party.

If you find it difficult to apply for trademark registration or renewal, don’t worry. Use professional and reliable business consulting services to handle it. 

Contact Start Now, supported by professional and experienced staff. Start Now has a special division to help you fulfill the trademark renewal requirements.