Trademark renewal procedures simplified

Indonesia has implemented new, simplified procedures for the renewal of trademark registrations.

Trademark Law 15/2001, which contains the new provisions, replaces Trademark Law 19/1992. The previous law required that a trademark owner submit an application for renewal along with evidence of commercial use, at least six months before the registration was due to expire. In 1997 Indonesia became a signatory to the Trademark Law Treaty, which precludes these requirements. Nevertheless, no changes were made to Indonesian law until 2001 following complaints from local practitioners and the World Intellectual Property Organization.

In 2001 the new law was drafted. Article 37 provides that while commercial use of trademarks is mandatory, a trademark owner need not submit evidence of such use at the time of renewal. Also, an application for renewal may be filed at any time during the year prior to the registration's expiration.

James B Lumenta and Selly Sitanggang, Amroos & Partners, Jakarta