MARK

Mark is a sign in the form of picture, name, word, letters, figures, configuration of color or combination of the said elements which has distinguish ability and is used in trading activities of goods and services.

Trade mark
Trade mark is a mark used in goods traded by somebody or several person collectively or statutory bodies for distinguishing the goods from other goods of the same kind.

Service mark.
Service mark is a mark used in services traded by some body or several persons collectively or statutory bodies for distinguishing the services from other goods of the same kind.

Rights to Mark.
Rights to Mark is an exclusive right granted by the country to the owner of a mark registered at the Mark General List for a specified period to use the mark directly or to permit other parties to use the mark.

Priority Rights
Every application using a priority rights must be submitted not later than 6 (six) months, starting from the date of receipt of application for the registration of mark received for the first time in other country, which constitutes a number country of the Paris Convention for the protection of Industrial Property or the Agreement Establishing the World Trademark Organization.

A mark cannot be registered
A mark cannot be registered if it contains any of the following elements:

1. Contravening laws in force, religious morality, decency or public order;
   
2. Not having distinguish ability;
   
3. Already becoming public property ; or
   
4. Being information on or being connected with goods and/or services whose registration is applied for.

Protection Period
Every registered mark secures priority rights for period of 10 (ten) years as from the date of receipt and the protection period is extendible.

Trademark Rejected.
The Directorate General must reject any application, if the mark:

1. being the same principally or totally as a mark of other parties, which has been registered first, in the case of goods and/or services of the same kind;
2. being the same principally or totally as a mark already popularly belonging to order parties, in the case of goods and/or services of the same kind;
3. being the same principally or totally as a geographical indication already known.
4. Being or having resemblance to names of popular figures, photo or names of statutory bodies owned by other parties, unless otherwise based on the written approval of the rightful party;
5. Being imitation or having resemblance to names or acronyms  of names, flags, signs or symbols or emblems of countries  or national and international institutions, unless otherwise based  on the written approval of the  rightful party;
6. Being imitation or having resemblance to signs or seals or official stamps used by countries or government institutions, unless otherwise based on the written approval of the authorized party..

Criminal Provision.

• Whoever intentionally and unrightfully uses a mark totally the same as a registered mark belonging to the other party for goods and/or services o the same kind which are produced and/or traded is sentenced to imprisonment of 5 (five) years at the maximum and/or at the maximum and/or a fine of Rp.1.000.000.000,00 (one billion rupiah at the maximum).
• Whoever intentionally and unrightfully uses a mark principally the same as a registered mark belonging to the other party for goods  and/or services of the same kind which are produced and/or traded is sentenced to imprisonment of 4 four) years at the maximum and/or a fine of Rp.800.000.000,00 (eight hundred million) at the maximum.
• Whoever intentionally and unrightfully uses a mark totally the same as a registered mark belonging to the other party for goods and/or services of the same kind which are produced and/or traded is sentenced to imprisonment of 5 (five) years at the maximum and/or fine of Rp.1.000.000.000.00 (one billion rupiah) at the maximum.
• Whoever intentionally and unrightfully uses a mark principally the same as a geographical indication belonging to the other party for goods and/or services of the same kind which are produced and/or traded is sentenced to imprisonment of 4 (four) years at the maximum and/or a fine of Rp.800.000.000.00 (eight hundred million) at the maximum.