CHAPTER II
SCOPE OF MARKS
Part One
General
Article 2
Marks as regulated under this Law shall include trade marks and service
marks.
Article 3
The right to a mark is the exclusive right granted by the State to the owner of the mark which is registered in the General Register of Marks for a limited period, in which he shall himself use the mark or grant permission to another party to use it.
Part Two
Marks that cannot be registered and marks that are refused
Article 4
A mark shall not be registered on the basis of an application by an applicant having not good faith.
Article 5
A mark shall not be registered if it contains one of the following elements:
a. In contradiction with the prevailing rules and regulation, morality of religion, or public order;
b. Has no distinguishing features;
c. Has become public property; or
d. Constitutes information or related to the goods or services for which registration is requested.
Article 6
(1) An application for registration of a mark shall be refused by the Directorate General if the relevant mark:
a. Has a similarity in its essential part or in its entirety with a mark owned by another party, which has previously been registered for the same kind of goods and/or services;
b. Has a similarity in its essential part or in its entirety with a well-known mark owned by another party for the same kind of goods and/or services;
c. Has a similarity in its essential part or in its entirety with a known
geographical indication.
(2) The provision as referred to in paragraph (1) letter b is also applicable to goods and/or services, which are not of the same kind, provided that it fulfils certain conditions that will be regulated further by Government Regulation.
(3) An application for registration of a mark shall also be refused by the Directorate General if:
a. It constitutes or resembles with the name of a famous person, photograph,
or the name of a legal entity belonging to another party, except with a written consent from the entitled party;
b. It constitutes an imitation or resembles with a name or abbreviation of a name, flag or coat of arms or a symbol, or an emblem of a state, or of a national or international institution, except with a written consent from the competent authority;
c. It constitutes an imitation or resembles with an official sign or seal or stamp used by a state or a government institution, except with a written consent from the competent authority.