SUBJECT OF AMENDMENT IN THE TRADEMARK LAW |
NEW LAW |
OLD LAW |
1. THE AMENDMENT OF THE TITLE OF LAW
In Law No. 20 Year 2016, reaffirmed the existence of arrangements on Geographical Indications as listed on the front page of the Law |
Law on Trademark and Geographical Indication |
Law on Trademark |
2. THE EXTENSION OF THE TYPE OF MARK
In Law No. 20 Year 2016 there is trademark extension other than a pre-existing conventional trademark so that the protected trademarks include: |
Conventional Trademark
Non Traditional Trademark, consist of:
Three-Dimension Mark
Sound Mark
Hologram Mark |
Only covers Conventional Trademark |
3. THE AMENDMENT OF PROCESS FLOW OF TRADEMARK REGISTRATION
In this new Trademark Law, the mark for which the registration is applied, is published before entering the next stage i.e. substantive examination. |
APPLICATION
FORMALITY
EXAMINATION
PUBLICATION
SUBSTANTIVE
EXAMINATION
CERTIFICATION |
APPLICATION
FORMALITY
EXAMINATION
SUBSTANTIVE
EXAMINATION
PUBLICATION
CERTIFICATION |
4. SIMPLIFYING THE REGISTRATION PROCEDURE
In the Law of Trademark & Geographical Indication No. 20 Year 2016 there are rules becoming trademark registration procedure easier and simpler. |
Contain provisions on the minimum requirements for trademark application to obtain a filling date.
Contain provisions on correction if there is an error. |
Does not regulate the minimum requirements of the trademark application.
Does not contain provisions if there is an error. |
5. THE RENEWAL OF TRADEMARK REGISTRATION
Under the new Trademark Law, new renewal application can be filed for a maximum of 6 (six) months before the expiration. Trademark renewal is also allowed for trademarks that have expired for maximum of 6 (six) months with the payment of fines. |
In 6 (six) months before; and 6 (six) months after the expiration of the trademark registration period. |
In 12 (twelve) months before the expiration of the trademark registration period. |
6. THE ASSIGNMENT OF RIGHTS / THE CHANGE OF NAME & / ADDRESS OF THE TRADMEARK OWNER
Under the new Trademark Law there is also an arrangement regarding the assignment of rights of a trademark, which in the old Trademark Law No. 15/2001 it may only be done on registered trademarks, but in Law No. 20/2016 assignment are not only applicable to registered trademarks, but also to pending trademarks. |
Applicable to pending trademarks and registered trademarks. |
Only applicable to registered trademarks. |
7. THE REGISTRATION OF INTERNATIONAL TRADEMARK
In the new Trademark Law No. 20/2016 has contained rules on international trademark registration under the Madrid Protocol. |
Contain Provisions on International Trademark Registration Under Madrid Protocol |
There is no Provisions on International Trademark Registration |
8. REGULATION ON GEOGRAPHICAL INDICATION |
Provisions on geographical indication are set forth in more detail. |
The provisions of geographical indication are only the main points, further provisions are regulated by government regulations. |
9. PROVISIONS ON CRIMINAL |
Contains provisions on the imposition with criminal sanction regarding trademarks which products may impair health and threaten the safety of human soul. |
Does not contain provisions concerning the imposition with criminal sanction. |
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