Ownership of trademark rights is one of the ways done by business actors, including MSME actors to increase competitiveness in the business world. This is because a trademark can be a business identity that distinguishes goods and/or services produced by one party from another. In addition to being an identity and identification, the trademark can also be a promotional tool and a guarantee of the quality of goods / or services that are expected to boost revenue or turnover of the business undertaken. However, in contrast to copyright that is valid for life, trademarks have a period of time. Where trademarks that have been registered get legal protection for a period of 10 years from the date of receipt of the trademark registration application. So what if the use of the trademark has passed the 10-year period? Does it mean that business actors may not use the trademark anymore? Take it easy KH Friend, because the owner of the trademark rights can apply for an extension through the Directorate General of Intellectual Property (DJKI) Kemenkumham for the next 10 years! Then, how can be done for businesses including MSMEs to extend the brand? Come on, see the explanation below!
Terms of Renewal of Trademark Rights
Before discussing further about the procedures that can be carried out by business actors including MSMEs, KH Pals need to first know that the application for renewal of trademark rights can be made no later than 6 months before the trademark validity period expires. In this case, there are several required documents that must be prepared to extend the trademark such as:
- Brand etiquette/labeling
- Brand certificate
- Copy of ID card for individual applicants
- If the applicant is from a business entity, must bring a photocopy of the business entity’s NPWP
- Statement of brand use according to the format
- Declaration of not using a class of goods or services (for multi-class)
- Original letter of recommendation for fostered MSMEs or certificate of MSMEs fostered by the agency
Benefits of Trademark Rights Extension for MSMEs
Basically, the benefits of this trademark extension are almost the same as the benefits when the trademark is first registered. Where the extension of the brand is done to prevent things like plagiarism, claiming, and so on. For more details, consider the benefits of brand extension for MSMEs as follows:
- Preventing Trademarks Used by Other PartiesTrademarksthat have been officially registered and extended, can be used as a legal basis. This is useful so that other parties do not arbitrarily use similar trademarks on similar goods and/or services.
- Maintain Good Business Name and Consumer TrustWitha clear brand status that has been extended for a validity period, any type of business, including MSMEs, can more easily market goods and/or services. This will certainly also affect the good name of the business and maintain the trust of consumers.
- Can Be Sold Through Franchise or FranchiseIfthe franchise or franchise business that KH Friend manages so far wants to keep running, then you have to extend the trademark rights that you have. This is so that you can still use the brand name for the franchise or franchise business that you have.
- As Evidence of Official Trademark OwnershipCurrently, we often encounter various kinds of trademark dispute cases. In these cases, of course, the parties involved face each other to fight over the ownership of legitimate trademark rights. Well, if you do not have proof that you have extended your trademark rights, then of course this will be detrimental to you. When you decide to extend your trademark protection period, you will receive a proof of application and a certificate of trademark extension. This certificate will be important if there is a dispute in the future.
- Adding Value to Business AssetsThe brandthat you have is a valuable asset for the sustainability of the business that you are running. So, if you have registered it and then want to extend the protection period, the value of the assets you have will increase every time.
- Increased Period of Legal ProtectionAsalready mentioned, a trademark that has been registered will certainly obtain an official certificate from the authorized institution and get exclusive rights in the form of legal protection. Well, the period for the protection of rights to the trademark itself is 10 years. However, if KH Friend makes an extension for the next 10 years, then the legal protection of trademark rights can be even longer.
- Getting the Right to File to Cancel TrademarksWhenyou extend the trademark, then you have also extended some rights. One of the rights obtained is the right to file a lawsuit to cancel the trademark registered by another party if the trademark has similarities with your own.
That’s a review of the requirements and procedures for trademark extension for MSMEs. Pretty easy, right? Let’s check the remaining validity period of your MSME trademark and immediately make a trademark extension!
READ ALSO: Simple!
Because, if the trademark has entered the due date and KH’s friend has not extended it, then inevitably the brand will fall to another party and you no longer have the power to sue him.
KH Contact
Well, for KH pals who want to register or renew a trademark, you can immediately contact Kontrak Hukum. Through Kontrak Hukum services, we can help you to process trademark registration and renewal through the trademark check process first. All without hassle and certainly done. Immediately visit the page https://kontrakhukum.com/kekayaan-intelektual/ or contact us via whatsapp or telephone at 0821-1212-5767, or via Direct Message (DM) to Instagram @kontrakhukum.
