Trademark Rules Update: Non-Use Period Extended to Five Years Before Potential Deletion

In July 2024, the Indonesian Constitutional Court handed down a decision that extended the non-use period of trademarks from three years to five years. Non-use period of a trademark is when a registered trademark is not used in business related to the goods or services listed in the registration from its last use or registration date. Currently, it is governed by Article 74 of Law No. 20 of 2016 on Trademark and Geographical Indication (“Trademark Law“).

The petitioner, a micro, small, and medium enterprise (MSME) entrepreneur in the technology sector, challenged Article 74 of the Trademark Law, arguing that it does not allow a sufficient non-use period for MSMEs to recover from force majeure events, such as the pandemic and economic crises.