KEY LEGISLATIONS:
Law No. 15 of 2001 regarding Brand/Mark (Law No. 15/2001).
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 (Article 1 (1) of Law No. 15/2001).
Trade Mark shall mean a Mark that is used on goods traded by a person or by several personsjointly or a legal entity to distinguish the goods from other goods of the same kind (Article 1 (2) of Law No. 15/2001).
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 (Article 1 (3) of Law No. 15/2001).
A Mark shall not be registered on the basis of an Application by an Applicant having bad faith Article 4 of Law No. 15/2001.
According to Article 5 of Law No. 15/2001, a Mark shall not be registered if it contains one of the following elements:
An Application shall be refused by Directorate General of Intellectual Property Rights (Ditjen HaKI) if has fulfilled the requirements of Article 4, 5, and 6 of Law No. 15/2001.
We hope the above information might be useful for you.
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19 Mei 2019