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TRADEMARKS

What is Trademark?
The Functions of Trademark
The Function of Trademark Registration
Trademarks that Cannot Be Registered
Validity Term
What is Trademark?

A mark is a sign that can be represented graphically in the form of an image, a logo, a name, words, letters, numbers, color arrangement, in the form of 2 and/or 3 dimensions, sound, hologram, or any combination of 2 or more of these elements to distinguish the goods and/or services produced by individuals or legal entities in the trading of goods and/or services

The Functions of Trademark

As a distinguishing power to differentiate the goods/services made by a particular individual or a group of individuals with those made by other individuals or legal entities.

As a means of promotion which is used to promote the goods/services by simply mentioning the Trademark;

As a guarantee regarding the quality of the goods/services;

As indication to the origin of the goods/services

The Function of Trademark Registration

As a Proof of Ownership upon registered trademarks;

As a Ground for Rejection against a trademark application which is entirely or partly similar with the registered trademark upon the same kind of goods/services;

As a Basis for Preventing others to use the mark which is entirely or essentially similar with the registered trademark upon the same kind of goods/services

Trademarks that Cannot Be Registered

Contrary to state ideology, statutory regulations, morality, religion, decency, or public order;

Descriptive to the goods and/or services upon which registration is requested;

Contains elements that can mislead the public about the origin, quality, type, size, type, intended use of the goods and/or services being applied for registration or constitute the name of the protected plant variety for similar goods and/or services;

Contains information that is not in accordance with the quality, benefits, or efficacy of the goods and / or services produced;

Has no distinguishing power;

And/or is a public name and / or symbol of public property.

Validity Term

A trademark registration is valid 10 years as from the date of receipt of such trademark registration.

A trademark registration can be renewed as early as 6 (six ) months prior to its renewal due date.

A 6 (six) months Grace Period is available to renew a trademark registration within 6 months after the renewal due of such mark

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