Extension of Trademark Non-Use Period

The Indonesian Constitutional Court has recently extended the trademark non-use period from three years to five years. This adjustment, effective since July 2024, allows trademark owners more time to utilize their marks in commerce without risking cancellation due to non-use. The decision was driven by the need to support SMEs, which often face challenges such as economic crises or force majeure conditions that hinder their ability to use registered trademarks effectively.

This change aligns Indonesia’s trademark laws with international standards, such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS), and provides a fairer environment for businesses recovering from external disruptions. However, it also means that proving non-use for cancellation now requires evidence spanning five consecutive years instead of three.



Implications for Trademark Owners

 For SMEs: This extension offers additional protection and flexibility, especially for businesses recovering from economic or operational setbacks.

For Larger Enterprises: Trademark owners should remain vigilant about monitoring potential misuse or squatting during the extended non-use period.

For All Owners: It is crucial to maintain documentation of trademark usage or valid reasons for non-use (e.g., force majeure) to safeguard your rights.



Trademark Renewal Reminder

A registered trademark in Indonesia is protected for 10 years from its filing date and can be renewed every 10 years. Applications for renewal should ideally be submitted six months before expiration. Late renewals are allowed within a six-month grace period but incur additional fees. Failure to renew within this timeframe may result in the loss of trademark rights, allowing third parties to register the mark independently.



Next Steps

To adapt to these changes:

1. Review Your Trademark Portfolio: Ensure all trademarks are actively used or have

    documented reasons for non-use.

2. Monitor Published Trademarks: Stay alert during the publication phase to prevent

    bad-faith registrations.

3. Plan Renewals Proactively: Avoid delays in renewing trademarks to maintain

    uninterrupted protection.