How to Extend the Term of Trademark Protection

Trademark Protection Period: An Asset You Need to Pay Attention To

The trademark protection period is one of the most important legal matters that business owners often overlook after their trademark certificate is issued.

Once the certificate is in hand, many business owners assume that the process is complete. However, a trademark certificate does not provide permanent protection.

Trademark protection is granted for a specific period and must be actively renewed. Failing to renew your trademark on time can result in the loss of exclusive rights that you may have built over many years.

In Indonesia, trademark protection is valid for 10 years from the filing date of the application—not from the date the trademark certificate is issued.

This distinction is important because the trademark registration process in Indonesia can take several months, depending on how smoothly the application proceeds.

As a result, by the time you finally receive your trademark certificate, less than the full 10-year protection period may remain.

Therefore, as an active business owner, you should add your trademark renewal date to your business calendar and set reminders well in advance.

Let’s take a closer look at why understanding the trademark protection period is important for business owners, as well as the strategies you can use to renew your trademark in the following sections.

Trademark Protection Period in Indonesia

The trademark protection period in Indonesia is regulated under Trademark Law No. 20 of 2016.

Under this regulation, trademark protection is granted for 10 years from the filing date of the application, with the possibility of renewal for additional periods of the same duration.

This system provides a significant advantage for business owners who consistently maintain their trademark protection: their trademarks can remain legally protected indefinitely as long as they continue to renew them.

There is no maximum limit on the number of times a trademark can be renewed.

Even brands that have been established for decades can continue to maintain legal protection without having to register their trademarks from scratch, provided that they consistently renew their protection.

However, the system also leaves little room for negligence. The Directorate General of Intellectual Property (DJKI) does not automatically remind trademark owners when their protection period is approaching its expiration date. The responsibility for monitoring the expiration date and submitting a renewal application rests entirely with the trademark owner.

Businesses without a proper monitoring system may only realize that their trademark protection has expired when a problem arises and forces them to check the status of their trademark.

Another important point to understand is that trademark protection in Indonesia applies on a per-class basis.

If you register a trademark in three classes at the same time, all three classes will have the same protection and renewal dates.

However, if you register the trademark in different classes separately and at different times, each class will have its own renewal date, which must be monitored separately.

What Happens When the Trademark Protection Period Expires?

Understanding the consequences of an expired trademark protection period is one of the most effective ways to understand why timely renewal should be treated as a business priority rather than merely an administrative obligation.

Here are some potential consequences when your trademark protection expires:

• Exclusive rights may be lost

Once the protection period expires and the trademark is not renewed, the trademark will no longer receive the same protection under the applicable registration.

The former trademark owner may lose the exclusive rights associated with the trademark, including the right to prevent others from using or registering the trademark in their name.

• Competitors may attempt to register the same trademark

Once a trademark is no longer protected, another party may attempt to register the same or a similar trademark, subject to the applicable trademark registration requirements.

A competitor who has been interested in your brand name may therefore have an opportunity to file a new trademark application.

• Re-registration is not automatically guaranteed

If a trademark owner fails to renew the trademark on time and later wants to register it again, the new application will generally be treated as a new application.

The previous owner does not automatically receive preferential treatment from DJKI simply because they previously owned the trademark.

• Licensing agreements may face legal complications

A trademark licensing agreement with a business partner depends on the legal status of the trademark being licensed.

If the trademark is no longer protected, the legal foundation of an existing licensing arrangement may therefore require further review and could create legal complications for the parties involved.

How to Renew Your Trademark Protection

Trademark renewal can generally be submitted during two different periods, with different cost implications.

Here is a comparison to give you a clearer picture:

• Timely renewal: 6 months before expiration

DJKI allows trademark owners to submit a renewal application starting six months before the protection period expires.

Submitting the renewal during this period is generally the safest approach because you have sufficient time to address any documentation issues, and there is no late-renewal penalty in addition to the applicable official renewal fee.

• Renewal during the grace period: 6 months after expiration

DJKI also provides a six-month grace period after the protection period expires during which a late renewal application may still be submitted.

However, renewing during this period may involve an additional late-renewal fee, increasing the total cost.

This is the final period during which the trademark may still be renewed without having to start the registration process over again.

• After the grace period: trademark protection ends

If the trademark is not renewed even during the grace period, its protection will end, and the owner may lose the rights associated with the registered trademark.

There is no ordinary renewal mechanism after this point. The remaining option may be to file a new trademark application, subject to the applicable requirements and risks.

For businesses with large trademark portfolios, managing renewals independently can create unnecessary risks.

Missing a single renewal date because of day-to-day operational demands could put a valuable brand asset at risk—an asset that may have required significant time and investment to build.

FAQ

Can a trademark be renewed more than once?

Yes. A trademark can generally be renewed repeatedly, with each renewal providing an additional 10-year protection period, provided that the renewal requirements are met.

What happens if I renew my trademark one day after the expiration date?

The application will generally fall under the late-renewal period and may be subject to an additional late-renewal fee.

Can a trademark whose protection has expired be registered again by its former owner?

Yes, the former owner may submit a new trademark application. However, registration is not guaranteed, particularly if another party has already registered the same or a similar trademark or if other legal grounds for refusal apply.

Make Sure Your Business Trademark Remains Protected

Strong trademark protection is not only about registering your trademark. More importantly, it is about ensuring that your trademark protection remains properly maintained throughout the life of your business.

To make sure your business trademark is properly registered from the beginning and its protection period is actively monitored, consider using the trademark registration service provided by Jasa Merek.

You can get assistance not only with the initial trademark registration process but also with managing and monitoring your trademark portfolio to help ensure that your valuable brand assets remain protected.

Tasya Mandarira

Legal Intellectual Property Expert M.H

A trademark dispute specialist with over 8 years of experience in trademark law, specializing in trademark news, trademark cases, and trademark journals. Has expertise in drafting regulatory content and trademark guidelines, from the pre-application stage through the post-application stage.

Areas of Expertise: Trademark News, Trademark Cases, Trademark Journal, Pre-Application, Post-Application

Authors (2)

Tasya Mandarira

Primary Author

Legal Intellectual Property Expert M.H

A trademark dispute specialist with over 8 years of experience in trademark law, specializing in trademark news, trademark cases, and…

Tim Editorial Jasa Merek