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Bali Art Furniture is an exporter all Bali - Indonesia products as Bali furniture made from Teak woods and ceramics from natural stone has made with b...

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Bali Art furniture

Bali Art Furniture is an exporter all Bali - Indonesia products as Bali furniture made from Teak woods and ceramics from natural stone has made with b...

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PROPERTY IS STILL PROFITABLE

Date: Tuesday May, 19 2009 08:49

The global economic crisis that we are now experiencing has its root beginning with the credit crunch in the US as far as back as 2004. Betwe...

Legal Information

Trademark

Date: Tuesday December, 19 2006 12:13

Mark is a sign in the form of picture, name, word, letters, figures, configuration of colors or combination of the said elements which has a distinguished ability and is used in trading activities of goods and services. SCOPE OF MARK According to the Law on Mark, enacted on August 2001, right 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. In this law mark covers trade and service marks.
  1. Trade mark in a mark used in goods traded by somebody or several persons collectively or statutory bodies for distinguishing the goods from other goods of the same kind.
  2. Service mark is a mark used in services traded by somebody or several persons collectively or statutory bodies for distinguishing the services from other goods of the same kind. A mark cannot be registered on the basis of an application submitted by an applicant with the bad intention. It also cannot be registered if it contains any of the following elements:
  • contravening laws in force, religious morality, and decency of public order;
  • not having distinguished ability;
  • already becoming public property; or d. being information on or being connected with goods and/or services whose registration is applied for.
PERIOD OF PROTECTION Every registered mark secures legal protection for a period 10 (ten) years as from the date of receipt. The protection period is extendible.

GENERAL INFORMATION FOR REGISTRATION
  1. Every application is submitted in writing in the Indonesian language to the Directorate General of Intellectual Property Rights and is subjected to cost.
  2. The application shall contain: a. month, date, year; b. full name, citizenship and address of the applicant; c. full name, and address of proxy (a registered consultant of intellectual property right), in the case of the application being submitted through a proxy; d. colors, if the mark whose registration is applied for uses color elements; and e. name of country and date of the first request for mark, in the case of the mark being submitted with a priority right.
  3. The applicant can consist of one person or several persons collectively, or a statutory body. The application must be signed by the applicant or proxy of the applicant. If an application is submitted collectively by more than one person that have right to the said mark, all names of the applicants are mentioned by choosing one of the addresses as their address. The application must be signed by one of the applicants entitled to the mark together with written approval of the representing applicants. In the event that a proxy is used in submitting the application, the proxy should be a consultant of intellectual property rights.
  4. Applications for 2 (two) classes of goods or more and/or services can be submitted in one application. The application must mention kinds of goods and/or services subsumed in classes whose registration is applied for.
  5. Applicants domiciled outside of the territory of the Republic of Indonesia shall submit their applications through proxies. The applicants shall, therefore, state and choose their legal domiciles in Indonesia.
  6. Application using a priority right 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 member country of the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization.
 Every application using a priority right must be accompanied by evidence of receipt of application for the first time, which results in the priority right. The evidence of the priority right is translated into the Indonesian language. If these provisions are not fulfilled in a period not latter than 3 (three) months after the expiration of a right to submit application by using the priority right the application continues to be processed using no priority right. Laws and Regulations Law No. 15/2001 concerning Mark.
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