Criteria of Non-Registrable Marks
MARKS THAT CANNOT BE REGISTERED ACCORDING TO THE INDONESIAN MARKS LAW
In accordance with Article 20 of Law No. 20 of 2016 concerning Marks and Geographical Indications, there are marks that cannot be registered. Below is the criteria:
|
No. |
Limitation |
Example |
|
a. |
Is contrary to the state’s ideology, laws and regulations, morality, religion, decency, or public order; |
A mark that contain message which may offend or abuse a certain group of people. |
|
b. |
Is the same as, related to, or only mentions the goods and/or services being applied for registration; |
Using a wordmark “Mineral Water” as a mark of a mineral water product. |
|
c. |
Contains elements that could mislead the public with regard to the origin, quality, type, size, kind, purpose of use of the goods and/or services being applied for registration or is a name of protected plant varieties for goods and/or services of the same kind; |
Using a wordmark “#1 QUALITY” as a mark of a product may mislead regarding the quality of the product, thus it shall not be registered. |
|
d. |
Contains information that does not match the quality, benefit, or efficacy of the goods and/or services that are produced; |
Using a wordmark “HEALTHY CIGARETTE” as a mark of a cigarette product. |
|
e. |
Has no distinguishable feature; |
Using a picture of straight line as a logo of a product. |
|
f. |
Constitutes a generic name and/or symbols that are publicly owned. |
Using a symbol of stop sign as a logo of a product. |