Simple! Here’s How to Extend the Term of Your Trademark

As we know, ownership of a trademark is one way to increase competitiveness in the business world. This is because a trademark is a business identity that distinguishes goods produced by one party from another. However, trademarks have a validity period. Trademarks that have been registered get legal protection for a period of 10 years from the date of application for trademark registration. Then, if the validity period of the trademark has expired how? Yep, KH buddy must make a trademark extension submission through the Ministry of Law and Human Rights for the next 10 years. If not, automatically the entrepreneurs already do not have no rights to the trademark. Submission of this trademark extension can be done no later than six months before the trademark’s validity period expires. Then, how to extend the trademark validity period? What requirements and costs are needed? Let’s see the following explanation!

How to Extend a Trademark

Like the registration process, how to extend a trademark can be done online on the official website of the DJKI Kemenkumham. As quoted from the dgip.go.id page, the procedure for extending a trademark can be done in the following stages:

1. Order billing code at http://simpaki.dgip.go.id
2. Select ‘Brand and Geographical Indication’ in the service type
3. Select ‘Extension of Trademark Protection Period’
4. Select the remaining term of brand protection
5. Enter Applicant Data and Application Data (name, full address, email and mobile number, etc.)
6. Make PNBP payments via ATM/internet banking/mobile banking
7. Log in to your brand account https://merek.dgip.go.id/
8. Select ‘Post Application Online’
9. Select the application type ‘Extension of Trademark Protection Period’ (according to the remaining term of your trademark protection), enter the billing code that has been paid, click ‘Add Application’ (bottom left corner), enter the Application Number
10. Enter applicant data
11. Attach the required documents
12. Fill in notes for officers (if any)
13. Click ‘Finish’

If the trademark renewal application has been made, you will then obtain a proof letter stating that the trademark renewal application has been filed.

Trademark Renewal Requirements

Basically, this brand extension is not without purpose. The purpose of the trademark extension is to confirm that the registered trademark is actually used for products or services that are still included in the process of buying and selling or production.

Therefore, before making a trademark extension, there are several requirements that you must fulfill so that the extension process can run smoothly.

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One of the requirements that you must fulfill to extend your trademark is to complete the documents. Some of these documents include:

1. Brand etiquette/labeling
2. Brand certificate
3. Letter of Authorization for Intellectual Property (IP) Consultant with stamp duty (if using a consultant)
4. Statement of Brand Use (can be downloaded at http://www.dgip.go.id/menu-utama/merek/pasca-permohonan-merek)
5. Statement of Not Using Goods/Services Class (for multi-class)

In addition to completing the above documents, you also need to know that to extend the trademark, you can make an application from 6 months before the expiration date to 6 months after the expiration date.

Trademark Renewal Fee

To do a trademark extension, KH pals not only need to prepare the required files, but also have to prepare a fee to facilitate the trademark extension process. The trademark renewal fee has two different Non-Tax State Revenues (PNBP). Below is a breakdown of the fee rates required for trademark renewal:

1. In the period of 1 year or 6 months before or until the expiration of trademark protection, PNPB: Rp.2,250,000/class.
2. Within a maximum period of 6 months after or a maximum of 1 year from the expiration of trademark protection, PNBP: Rp.4,500,000/class.

It’s worth noting, for trademark renewal the range of costs that need to be incurred is as listed above, but it also does not include service fees. Therefore, if you use the services of a third party, such as Contract Law, to assist in the trademark renewal process, there will be additional costs. This is the explanation of trademark renewal. Now of course, KH friends already understand better, right, about the procedures, requirements, and costs for trademark renewal? Not only that, doing a trademark extension also has many other benefits, you know! What are the benefits of this trademark extension?

1. Prevent the mark from being used by other partiesRenewing means that you are also extending the ownership of your trademark. So that other parties or business entities cannot arbitrarily use similar trademarks on similar goods or services.
2. Maintain the good name of the company and the trust of consumersBy extending the brand, you will continue to be able to market goods or services without plagiarism from any party. This will certainly maintain the originality of the products or services you sell and the trust of consumers will be maintained.
3. Can be sold through franchises or franchisesIf the franchise or franchise business venture that you manage so far wants to keep running, then you have to extend the trademark that you have. So that the brand can still be used in the franchise business.
4. As proof of official trademark ownershipNowadays we often see various kinds of trademark dispute cases. Well, you can avoid this by registering and extending your trademark. By doing so, you will have strong evidence of ownership of the brand.
5. Increase the selling value of the businessThe brand you have is a very valuable asset for the sustainability of the business you are running. So when you have registered and extended it, the value of the assets you have will increase every time.
6. Extends the period of legal protectionBy registering and extending a trademark, this means that you also obtain exclusive rights in the form of protection carried out legally. So that your trademark will avoid counterfeiting, hijacking, and similarities with other parties.

KH Contact

Well, for KH friends whose trademark validity period will expire, don’t forget to extend it immediately! This is very important, considering that if the application for trademark extension exceeds the deadline, then you will receive a fine according to the provisions. In addition, you as a business actor can no longer apply to extend the protection period. So inevitably, business actors must give up the trademark that has been registered to be used by other parties or business entities.

READ ALSO: Here are 3 Types of Brands that Business Actors Must Know!

For KH pals who want to register or renew a trademark, you can immediately contact Kontrak Hukum. Through the brand check service, Kontrak Hukum can help you to process trademark registration through the brand check process first. Immediately visit the page https://kontrakhukum.com/kekayaan-intelektual/ brand-registration or contact Kontrak Hukum through the following link Ask KH and Direct Message (DM) to our Instagram social media @kontrakhukum.