Mark shall mean a sign in the form of a picture, name, word, letters, figures, composition of colours, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services.
Trade Mark shall mean a Mark that is used on goods traded by a person or by several persons jointly or a legal entity to distinguish the goods from other goods of the same kind.
Service Mark shall mean a Mark that is used for services traded by a person or by several persons jointly or a legal entity to distinguish the services from other services of the same kind.
The right to a Mark is the exclusive right granted by the State to the owner of a Mark which is registered in the General Register of Marks for a certain period of time, to himself use said Mark or to grant permission to another party to use it.
- Any person who deliberately and without right uses a Mark which is similar in its entirety to a registered Mark of another party for the same kind of goods and/or services produced and/or traded shall be sentenced to imprisonment for a maximum period of 5 (five) years and/or a fine of a maximum amount of Rp1.000,000,000.00 (one billion rupiahs).
- Any person who deliberately and without right uses a Mark which is similar in its essential part to a registered Mark of another party for the same
Marks that cannot be registered and Marks that are rejected
A Mark shall not be registered on the basis of an Application by an Applicant having bad faith.
A Mark shall not be registered if it contains one of the following elements:
- Contradicting with the prevailing rules and regulation, morality of religion, or public order;
- Having no distinguishing features;
- Having become public property; or
- Constituting information or related to the goods or services for which registration is requested.
General Requirements :
- A simply signed Power of Attorney
- A simply signed Declaration
- 30 Specimens of mark, with size min. 2 x 2 cm., max. 9 x 9 cm.
- Copy of home application and priority documents (on claiming priority)
- List of goods/services and class (es) pertaining thereto.