Indonesian Law regarding Brand/Mark

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:

1. Contradicting with the prevailing rules and regulation, morality of religion, or public order;
2. Having no distinguishing features;
3. Having become public property;or
4. Constituting information or related to the goods or services for which registration is requested.

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.