🇮🇩 Indonesia

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Indonesia - Trademark

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1. Legislations:
The Law of the Republic of Indonesia Number 15 of 2001 regarding Trademark. 

2. Definition:
A trademark is a sign used for the purpose of indicating a connection between a person having the right to use the sign and his goods or services. 

3. Criteria:
Any logo, number, word, name, label, letter or a combination of the above may constitute a trademark. 

The mark should be distinctive or Capable of differentiation from another’s goods or services. 

A Trademark shall not be registered if it contains one of the following elements:

  •  being against the prevailing law, morality, religion, decency and public orders;

  •  having no distinguishing power;

  •  having been public property; or

  •  constituting the explanation of or being related to the goods or services for which registration is applied.

  •  geographical name or surname; or

  •  any other distinctive mark.

4. Membership:
√ – Paris Convention
X – Madrid Protocol 

Indonesia is a member of the Paris Convention from 1950, whereby applications from convention countries will be subject to the same priority date in Indonesia. The application for priority has to be made within six months of the first application in a convention country. 

5. Rule of Priority:
“First to File” is the rule followed by Indonesia in determining priority of trademarks.. 

6. Duration and Renewal:
A trademark once registered is valid for a term of 10 years and will be subject to protection depending on its further renewal.

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