TRADEMARK SEARCH
Conducting a Trademark Search in the Designated Class
A trademark search (per trademark/per class) will provide an overview of prior trademarks (whether they are registered trademarks and/or still in the registration process) that are identical and/or similar to the trademark being applied for, which may pose obstacles to the trademark registration.
A trademark search also provides the legal opinion of an Intellectual Property consultant on the likelihood of trademark registration.
Let's Search the Trademark First
First, conduct the trademark search on your proposed trademark.
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NOTE: You can view the list of Classes 1 to 45 according to the Trademark Classification System through the following link: view here
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Frequently Asked Questions
What is a Trademark?
Trademark is a sign that can be displayed graphically in the form of a picture, logo, name, words, letters, numbers, composition of colors, in the form of 2 (two) dimensionals and/or 3 (three) dimensionals, sound, holograms, or combinations of 2 (two) or more of these elements to distinguish goods and/or services produced by individuals or legal entities in commercial activities of goods and/or services.
A Trade Mark is a mark used on goods traded by an individual or several persons collectively or a legal entity to differentiate the goods from other goods of the same kind.
A Service Mark is a mark used on services traded by an individual or several persons collectively or a legal entity to differentiate it with other services of the same kind.
Trademark Rights is an exclusive rights granted by the state to the owner of a registered trademark for a certain period to use the trademark themselves or to grant permission to others to use it.
A Trade Mark is a mark used on goods traded by an individual or several persons collectively or a legal entity to differentiate the goods from other goods of the same kind.
A Service Mark is a mark used on services traded by an individual or several persons collectively or a legal entity to differentiate it with other services of the same kind.
Trademark Rights is an exclusive rights granted by the state to the owner of a registered trademark for a certain period to use the trademark themselves or to grant permission to others to use it.
What is the function of trademark registration?
- As evidence for the trademark owner who has the right to the registered trademark;
- As a basis for rejecting trademarks applications that are identical and/or similar to the registered trademark, filed by others for the similar goods and/or services;
- As a basis to prevent others from using the identical and/or similar trademark in commercial activities for similar goods and/or services.
Trademarks that cannot be registered
- contrary to state ideology, laws and regulations, morality, religion, decency, or public order;
- the same as, related to, or merely mentioning the goods and/or services for which registration is applied for;
- contains elements that may mislead the public about the origin, quality, type, size, kind, purpose of use of the goods and/or services for which registration is being applied for or is the name of a protected plant variety, for similar goods and/or services;
- contains information that does not in accordance with the quality, benefits, or efficacy of the goods and/or services produced;
- does not have distinguishing elements; and/or
- is a common name and/or symbol owned by the public.
Trademark registration applications are rejected if the trademark:
- has similarity in its essential part or in its entirety with an earlier registered trademark owned by another party for the similar goods and/or services;
- has similarity in its essential part or in its entirety with a well-known trademark owned by another party for the similar goods and/or services;
- has similarity in its essential part or in its entirety with a well-known trademark owned by another party for dissimilar goods and/or services as long as it meets certain conditions further regulated by the prevailing regulations;
- has similarity in its essential part or in its entirety with a well-known geographical indication; is or resembles the name of a famous person, photograph, or name of a legal entity owned by another person, except with written consent from the rightful party;
- constitutes a name or resembles a name or an abbreviation of name, flag, emblem, or symbol of a state, or national or international institution, except with written consent from the authorized party;
- constitutes an imitation or resembles official signs or stamps used by the state or government institutions, except with written consent from the authorized party;
- is applied for by an applicant with bad faith.
How long is the legal protection for a registered trademark?
A registered trademark receives legal protection for a period of 10 years from the date of filing of the trademark application for registration and can be continuously renewed for the same period.
What will I receive if I register a trademark at Merekku.id?
You will receive an online filing receipt of a trademark application, which can serve as a legal evidence until the trademark is being registered and registration certificate is being issued.
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