TRADEMARK REGISTRATION – ASIAN COUNTRIES (Part I) 2018-2019

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Country and Applicable Length of Definition Eligible Applicants Documentation Requirement Language Requirement and Procedures Treaty/ Treaty/Classification Legislation Benefits (in years) 1. Paris Convention, WIPO or any Afghanistan. 10 Article 2 of the Afghanistan Trademark 1. Person(s) desiring to have the exclusive use 1. The trademark application with relevant application date is to be 1. Application can be submitted in English or Persian. The 1. Economic Cooperation Organization presented before Afghanistan office (Ministry other international treaty for the Law defines ‘Trademark’ to include: of a trademark for distinguishing goods for Afghanistan Intellectual Property Office (Central Registration Trade Agreement seeking co- The Trademark Law of Commerce); Protection of Industrial Property; are their own production, manufacture, Office) is responsible for registration (including preliminary operation of intellectual property 2. name, address, occupation of applicant NOT signed by Afghanistan and Number effective from 1 consist of (one or more) selection or in respect of which he issued a search) in the UAE. rights protection under article 19. 3. a copy of a legalized power of attorney for any representative hence an applicant cannot claim September 2009 (as names, words, signatures, letters, certificate (Article 4); 2. In the event of rejection, the Central Registration Office is obligated priority based on their home figures, drawings, symbols, titles, seals, 2. Goods in which applicant trades or intends 4. name, description and nature of goods, products and/or services to notify the applicant as to reasons for rejection. Note: UAE is not a member of the amended) repealing for which trademark registration is sought; applications/ registrations. However pictures, inscriptions, advertisements or to trade (Article 4); 3. Trademarks are transferable and the transfer shall be valid if recorded Madrid Convention or the Madrid Trademark Regulations 5. representation of mark with at least 10 copies along with Protocol. reciprocal arrangements are packs or any other mark or a 3. The owners of a commercial, industrial, separately with the Central Registration Office (Trademarks Registration explanation of symbols and expressions used in trademark with considered. issued on 20 September combination thereof Section) pursuant to these Articles and their relevant regulations (Article telecommunications, agricultural, the definition of component; Note: Nice Classification (9th Edition). 1960. professional or service organization in 15). 6. The registration fees payable to IP office in Afghanistan; and Afghanistan (whether domestic or foreign) 7. The particulars of earlier registration in home country or country provided that marks are registered in having reciprocal arrangements with Afghanistan, if any (Article Afhganistan (Article 5); and 10 of the Afghanistan Trademark Law also sets out the 4. owners of well-known marks (Article 7). trademark application process).

Note: Alcoholic beverages are not conferred any protection under Afghanistan Trademark Law

Section 2 of Bangladesh Trademark Bangladesh. 7 Section 15(1) of the 2009 Act states that if the 1. Application stating name of legal entity, individual, or firm, addresses, 1. As per the rules of 1963 with amendments all applications, notices, 1. Paris Convention for the Protection 1. Being signatory to Paris Convention, Law defines mark as “mark” includes proprietor of a trademark used or proposed to be nationality of applicant/s represented in a special or particular manner statements or other except trademarks authorized or required by of Industrial Property; the priority claim can be made under - Trademarks Act, a device, , heading, label, ticket, used desires to register it shall apply in the along with signature of applicant; the Act or the rules submitted to the Trade Mark Registry or left with 2. Nice Classification; the convention or by WTO members 2009 Act No. XIX name, signature, word, letter, symbol, prescribed manner to the Registrar. Accordingly the 2. legalized Power of attorney in cases where application is being or sent to the Registrar or the Central Government shall be written, 3. Convention Establishing the within 6(six) months after the date in of 2009 and numeral, figurative elements, following persons can apply for an application:- submitted by a representative; lithographed or in the English language. World Intellectual Property which the application was made in - Trademarks combination of colours or any 1. 2. In case of Mark containing characters other than roman translation in Organisation (the WIPO);and Convention Country together with combination thereof;” and Trademark Natural or juristic persons of 3. application along with mark representation must be submitted with (Amendment) Act, English must be provided and in case of mark containing words he 4. World Trade Organisation (the WTO) the complete particulars and Bangladeshi nationality; supporting documents and should be lithographed or in the English 2015 is defined as “a registered trademark Registrar may ask for an exact translation thereof together with the - Agreement on Trade-Related certified copy of the priority 2. persons regularly residing in Bangladesh language in large and legible characters with deep permanent ink - Trade Marks or a mark used in relation to goods for name of the language, and such translation and name, if he so Aspects of Intellectual Property application, the trademark shall, if and are permitted to engage in upon strong paper; Rules, 1963 and; the purpose of indicating a connection requires, shall be enclosed and signed. registered under section 120 of Act commercial or vocational activities; Rights (the TRIPS Agreement) - Trademarks Rules, in the course of trade between the 4. in relation to affidavits, prints should be on only one side of 3. The application is made to the Trademark registry and as per section (1994) (April 10, 1996) and be registered as of the date on 3. foreigners who are nationals of countries 2015. goods and the person having the right approximately 13 inches by 8 inches, and the left hand part to a 15(2) separate applications must be made for each class of goods or which the application was made in that extend reciprocal treatment to as proprietor to use the mark;” or “a margin of not less than one inch a half; the Convention Country and that Bangladesh; services. The application shall be made on form TM-1, if in respect of mark used in relation to a service so non-textile goods. Defensive trademark registration can be applied by date shall be deemed to be the date 4. Public agencies. and owners of well-known 5. every application for the registration of a trade mark shall be in that it may be indicated that the form. of registration. marks. respect of goods in one class and separate application for each class TM-3 person has the right as proprietor to shall be made for same trademark; and 4. The opposition can be made under section 18 of the act within two (2) use the mark in the course of trade”. months from the date of publication. The registrar shall serve the notice 6. statement of use, if used, the registrar may require applicant to file an of opposition to applicant within one (1) month. affidavit testifying to such user with exhibits showing the mark as

used.

Country and Applicable Length of Trademark Definition Eligible Applicants Documentation Requirement Language Requirement and Procedures Treaty/ Classification Treaty/Classification Benefits Legislation Trademark (in years) 1. As stated under the rules a translation Brunei Darussalam 10 Under Part I of Brunei Darussalam As per section 33 of Brunei Trademark Law, the 1. Request for registration of trademark; 1. Paris Convention for the Protection of Industrial 1. 1. Priority Claim can be made under Paris Convention or WTO and / or transliteration, of each word in Trademark Law: (Refer, section 4) application can be made by “applicant” who has Property; by nationals and body corporate residing or having permanent The law providing for 2. name and address of applicant; English to the satisfaction of the Registrar trade mark is defined as “any visually used the mark or has bona fide intention to use 2. Nice Classification; place of business in member states within 6 months from the first should be provided where a trade mark trademark registration is perceptible sign capable of being the mark. Accordingly following persons qualify 3. statement of goods and services in respect of which the trademark is 3. Convention Establishing the WIPO; filing date. sought to be registered; contains or consists of a word/s in The Trade Marks Act (Cap represented graphically which is as applicant:- 4. World Trade Organisation (WTO) - Agreement on 2. characters other than Roman or in a 2. Agreement between Japan and Brunei Darussalam for an 98) and Trade Marks Rules capable of distinguishing goods or 4. representation of the mark; Trade-Related Aspects of Intellectual Property Rights 1. Natural or juristic persons of Brunei language other than English or Malay. Economic Partnership sought proper enforcement of intellectual services of one undertaking from (TRIPS Agreement); of 2000 (R 1, 1984 Ed. S nationality; 5. statement in application as to the use of Mark or Expression of bona rights including trademark and prevent infringements by co- those of other undertakings. A trade 5. ASEAN Framework Agreement on Intellectual Property 27/2000). 2. persons regularly residing in Brunei and fide intention to use the mark; operation in customs for prohibiting importation and exportation mark may, in particular, consist of are permitted to engage in commercial Cooperation sought to explore the vision of ASEAN of goods suspected of infringing intellectual property rights. 6. prescribed fee for each class of goods or services separately in words (including personal names), or vocational activities; trademark system by establishing AESEAN Trademark respect of which registration is sought; and designs, letters, numerals or the 3. foreigners who are nationals of countries office. (treaty not in force); 7. Translations and / or transliterations if any required in English. shape of goods or their packaging.” that extend reciprocal treatment to the 6. Agreement between Japan and Brunei Darussalam for an

Brunei; Economic Partnership;

4. public agencies; and 7. Trans-Pacific Strategic Economic Partnership 5. owners of well-known marks. Agreement; and 8. Agreement establishing the ASEAN-Australia-New Zealand Free Trade Area

1. As per article 4 of the Rule 1. Protocol Relating to the Madrid Agreement 1. Under the WIPO-administered , a trademark Cambodia 10 Article 2 (a) of the Cambodian Application can be filed by any person or body 1. a request for registration; applications shall be in the Khmer Concerning the International Registration of Marks; owner may protect a mark in up to 90 countries plus the Trademark Law defines Trademark as resident in the Kindom of Cambodia can be 2. name of applicant and address for communication bearing or English language, and any 2. ASEAN Framework Agreement on Intellectual Property European Union with its Community Trade Mark (CTM) by filing Law concerning Marks, ‘mark’ means “any visible sign applicant. When the State of permanent residence signatures of the applicant or representative; document forming part of an one application, in one language (English, French or Spanish), Trade Names and Acts of capable of distinguishing the goods of applicant is outside the Kingdom of Cambodia, Cooperation (Not in force); 3. reproduction of mark with 15 additional reproductions of the mark; application or submitted to the with one set of fees, in one currency (Swiss Francs). Unfair Competition of the (trademark) or services () then a Power of Attorney appointing an agent 3. Paris Convention for the Protection of Industrial Registrar pursuant to the Law or 2. The applicant can claim right to priority by attaching a declaration Kingdom of Cambodia of an enterprise” and trademark under should be filed within 2 months of filing of the 4. specification of goods or services based on Nice classification; Property (22 September 1998); this Sub-Decree and which is in a claiming priority of prior national or regional application in any 2002, (Royal Decree 2(c) means the "name or/ and application. 4. Convention Establishing the WIPO; 5. if priority is claimed he application a declaration claiming the language other than Khmer or country member of the Paris Convention. NS/RKM/0202/006). designation identifying and 5. World Trade Organisation (WTO) - Agreement on 1. Natives of natural or legal entity, practicing priority of an earlier national or regional application filed by the English shall be accompanied by a 3. Agreement between the United States of America and the Kingdom distinguishing an enterprise." Trade-Related Aspects of Intellectual Property Rights any of the commercial, industrial, applicant or his predecessor in title in any country member of the Khmer or English translation. of Cambodia on Trade Relations and Intellectual Property Rights Sub-Decree on the (TRIPS Agreement) (1994) (April 10, 1996) professional, or service business; Paris Convention; and Protection – the Article XVI commits to co-operate on registration Implementation of 6. Agreement establishing the ASEAN-Australia-New 2. foreigners of natural or legal entity, 6. Translations as per requirements, if any. and recognization by harmonizing the requirements stating meaning trademark law (Sub- Zealand Free Trade Area; practicing any of the commercial, industrial, of marks, use as necessary criteria for maintaining the registration Decree No. 46 dated July 7. Agreement between the United States of America and professional, business in Cambodia. validity and adoption of international classification. 12, 2006). the Kingdom of Cambodia on Trade Relations and 3. foreigners of natural or legal entity 4. Madrid protocol aids international registration of marks. Intellectual Property Rights Protection; and practicing any of the commercial, industrial, Prakas on the 8. Memorandum on IP Cooperation between vocational or service business in any state Procedures for the Cambodia and Thailand. Registration and having reciprocity of treatment with the Protection of Marks of State; Goods which include a 4. public legal persons; and . 5. owners of well-known marks.

China 10 Article 8 of Republic of China Article 4 of the Chinese Trademark law provides:- 1. Under rule 9 of implementing rules applicant must file one 1. Under rule 14 of Implementing Rules - 1. Paris Convention for the Protection of Industrial 1. Any foreign person or enterprise applying for trademark in Trademark Law provides “an application in respect of each class of goods according to the where a foreigner or a foreign enterprise Property; China, has to file application in accordance with agreement 1. Natives of natural or legal entity, practicing Classification of Goods stating name and address. The application Trademark Law of the application may be made to register as applies for the registration of a trademark 2. Nice Agreement Concerning the International between two countries, or international treaties or on the basis any of the commercial, industrial, must be in Chinese language; People’s Republic of a trademark any mark, including any or for any other matters concerning a Classification of Goods and Services for the Purposes of of principles reciprocity. Application with should professional, or service business; 2. ten copies of the reproductions of Clear trademark and one copy of the Registration of Marks; China amended for the word, device, any letter of the alphabet, trademark, the Chinese language shall be filed within 6 months from first filing date of application in 2. foreigners of natural or legal entity, the black and white design with size between minimum 5cm*5cm 3. Convention Establishing the World Intellectual third time according to the any number, three-dimensional and maximum 10cm*10cm (Soft copy should also be provided); be used. Foreign language documents another country, who is a member of Paris Convention; practicing any of the commercial, industrial, Property Organisation (the WIPO); “Decision on the Revision symbol, colour combination and sound, must be have Chinese translation. professional, or service business in the 3. any application for the registration of a trademark in respect of 4. World Trade Organisation (the WTO) - Agreement on 2. Free Trade Agreement between the Government of New of the Trademark Law of or any combination thereof, that pharmaceutic products for human use shall be accompanied by a State. 2. Once an opposition is filed against Trade-Related Aspects of Intellectual Property Rights Zealand and the Government of the People's Republic of the People’s Republic of identifies and distinguishes the goods certificate issued by the health administrative department. Any 3. foreigners of natural or legal entity application for the registration of a trademark in respect of application the Trademark Office shall hear (the TRIPS Agreement) (1994); China under chapter 12 seeks to keep rights transparent by China” adopted at the 4th of a natural person, legal person, or practicing any of the commercial, industrial, cigarettes, cigars or cut tobacco with packages shall be the facts and grounds submitted by the 5. Trademark Law Treaty; notifications and thereby protect the intellectual property Session of the Standing other organization from those of accompanied by a certificate of authorized manufacture issued by vocational or service business in any state opposing party as well as the opposed, shall 6. Protocol Relating to the Madrid Agreement Concerning rights including trademarks. Committee of the Twelfth others.” the competent authority of the State for tobacco products. Any make a decision on whether or not to having reciprocity of treatment with the application for the registration of a trademark in respect of any such the International Registration of Marks; 3. Agreement between Japan and China with Regards to National People’s’ approve the application for registration within State; other goods as prescribed by the State that must use a registered 7. Free Trade Agreement between the Government of New Protection of Trademarks grants parties from contracting Congress on August 30, trademark shall be accompanied by a certificate of authorization the twelve months from the date of Note: China allows registration of 4. public legal persons; and Zealand and the Government of the People's Republic of states protection of the well-known trademark as per their 2013) issued by the competent department concerned; publication after investigation and sound and colour marks 5. owners of well-known marks. China; determination of well-known trademark. 4. details of goods and service; verification, and shall notify the opposing 8. Agreement between Japan and China with Regards to 4. Special provisions relating to protection of trademarks through 5. power of attorney duly executed by applicant in favour of agent; party and the opposed of its decision, in Protection of Trademarks; writing. If an extension is needed, upon the international registration under the Madrid protocol are laid 6. copy of ID card or Passport (for natural person); and 9. Singapore Treaty on the Law of Trademarks approval of the department of industry and down under Chapter IVA of 2010 Act for international 7. any document in a foreign language shall be accompanied by a application under Madrid protocol. Before becoming member Chinese translation thereof. commerce administration under the State Council, the time limit can be extended a to this protocol individual application were required to be further three month made by the applicants seeking international trademark protection. 5. Uniform classification system is available due to Nice Classification.

Country and Applicable Length of Trademark Definition Eligible Applicants Documentation Requirement Language Requirement and Procedures Treaty/ Classification Treaty/Classification Benefits Legislation Trademark (in years) 1. A person who has duly filed an application for the registration of Hong Kong 10 Under section 3 of the Hong Kong Trade The Hong Kong Trademark Law does not 1. Under section 38 of the Ordinance: An application for registration 1. Rules 2015 under Rule: 120 (3) in 1. Agreement establishing the World Trade Organisation Marks Ordinance (as amended by L.N. specifically set out this information within its of a trade mark shall be filed with the Registrar in any of the official pursuance of section 76 of the (WTO) – 1995; a trade mark in, or in respect of, a Paris Convention country or Trade Marks Ordinance 254 of 2009) trademark is defined as: Acts or Rules. However, a bare reading of languages such as English and / or Chinese; Ordinance states “Where a person is 2. Paris Convention for the Protection of Industrial WTO member (or his successor in title) shall enjoy right of as amended by L.N. 254 1. “trade mark” means any sign which HK's IP Law imply that following persons are Property- - The Stockholm Act (1967) applies also to 2. the application shall include (a) a request for registration of the required by the Ordinance or these priority for a period of 6 months after the date of filing of the first of 2009; is capable of distinguishing the eligible: Hong Kong, China with effect from July 1, 1997; trade mark;(b) the name and address of the applicant; (c) a Rules to state his name on any of any such applications under section 41 by making claim of goods or services of one document filed with the Registrar and 3. World Trade Organisation (WTO) - Agreement on 1. Natives of natural or legal entity, practicing statement of the goods or services in relation to which it is sought priority, subject to compliance with any prescribed conditions; Trade Marks Rules (E.R. undertaking from those of other any of the commercial, industrial, to register the trade mark; (d) a representation of the trade mark; his name is not in the Roman alphabet Trade-Related Aspects of Intellectual Property Rights 3 of 2015); Trade Marks undertakings and which is capable 2. Uniform international classification system is available due to professional, or service business; and (e) such other information, documents or matter as may be or in Chinese characters, the (TRIPS Agreement) (1994) (1 January 1995) Ordinance Regulation of being represented graphically; document shall contain a 4. Nice Classification; 2. foreigners of natural or legal entity, required by the rules; New Zealand - Hong Kong, China Closer Economic 2014 (L.N. 150 of 2014); transliteration of the name in the 2. Without affecting the generality of practicing any of the commercial, industrial, Partnership Agreement relating to trade and 3. there is a priority claim procedure available under section 41 in 3. classification of goods and services under Rule 5 of Rule 2015 and Roman alphabet”. protecting intellectual property rights which includes place for applicants who have filed an earlier claim for the same subsection (1), a trade mark may professional, or service business in the section 40 of the Ordinance is classified in accordance with the Trade Marks Ordinance trademark; and consist of words (including personal State. 2. under sub rule (5) as “In the case of an mark in another Paris Convention country or a World Trade (Amendment of Schedule International - Nice Classification; names), indications, designs, 5. Nice Classification - The Geneva Act (1977) 3. foreigners of natural or legal entity application for the registration of a trade Organization member country. The national application must be 1) Regulation 2013 4. under rule 9 of 2015 rules the applicant wishes to claim a right to establishing Nice Classification for the purpose letters, characters, numerals, practicing any of the commercial, industrial, mark that consists or contains a word, letter (HK190) priority under section 41 of the Ordinance, shall include the of classification of goods and services. filed within six months from the date of the first filing to claim the figurative elements, colours, vocational or service business in any state or character in a language other than following particulars- (a) the name of each country, territory or area priority; and sounds, smells, the shape of goods having reciprocity of treatment with the English or Chinese, the Registrar may in respect of which a right to priority is claimed; (b) the date of filing or their packaging and any State; require the applicant to file an exact 4. well known trademarks as defined under the Ordinance are of the application filed in, or in respect of, each such country, combination of such signs. translation of that word, letter or character also protected as per the laws of the Hong Kong. 4. public legal persons; and territory or area; and (c) the application number assigned to that into English or Chinese, and, the translation 3. A sign may constitute a trade mark 5. owners of well-known marks. application, if it is known to the applicant; even though it is used in relation to shall be endorsed and signed by the 5. translations, if any, of any word, letter or character in a language a service ancillary to the trade or applicant or his agent”. other than English or Chinese, the Registrar may require the business of an undertaking and 3. Search and Preliminary Advice (optional) applicant to file an exact translation of that word, letter or character whether or not the service is services can be applied by submitting Form into English or Chinese; and provided for money or money’s T1 with the appropriate fee. worth. 6. Any other documents required to be verified by the Registrar. 4. Application form provided under form T2 – (4) Unless the context otherwise compulsory, form T2A - optional (trademark requires, references in this Ordinance to - including and collective a trade mark shall be construed as mark) must be submitted with registrar with including references to a certification fees prescribed. mark, collective mark and defensive 5. Once trade mark has been accepted for trade mark..’ registration, it is published in the Hong Kong Intellectual Property Journal under section 42 of the Ordinance and rule 15 of 2015 Rules

6. Any interested person may file opposition notice within the 3 - month period from the date of publication. 1. The application under section 18 must be India 10 Per 1999 Act - section 2 (zb) "trade section 18 (1) of India’s Trademark Law 1. Application under form prescribed as per rules stated in first schedule 1. Protocol Relating to the Madrid Agreement Concerning 1. Comprehensive Economic Partnership Agreement between in English Section 67 B of Trademark of the 1999 Act along with fee; the International Registration of Marks; mark” means a mark capable of being authorizes following persons or entities to amendment 2013 Rules amending 2002 Japan and the Republic of India grants parties from contracting The Trademark Act, 1999 represented graphically and which is make application: 2. soft Copy of Mark; rules states “An International application 2. Paris Convention for the Protection of Industrial states Article 106 protection of the well-known trademark as per Property. amended by The Trade capable of distinguishing the goods or 3. date of first use of the mark; or any communication relating thereto for their determination of well-known trademark. A request by i. Any person claiming to be the transmission to international bureau or Marks (Amendment) Act, services of one person from choose of 3. Nairobi Treaty on the Protection of the Olympic Symbol; applicant for considering its application for registration of a proprietor of a trade mark used or 4. name, address and nationality of applicant; any advice by way of notification of 2010 and Trade Marks others and may include shape of 4. Comprehensive Economic Partnership Agreement trademark be examined in preference to other applications proposed to be used by him, who is 5. trademark class/ classification based on international classification; extension of protection to India resulting (Amendment) Rules, 2013 goods, their packaging and from international registration shall be in between Japan and the Republic of India including inter shall be considered. desirous of registering it, shall apply combination of colours 6. list and description of goods or services; English”. alia protection of trademark under Article 106 of the in writing to the Registrar in the Treaty. 2. Special provisions relating to protection of trademarks through 7. if the mark is a script not in English or Hindi, the English translation of 2. A translation of non-English words into in relation to Chapter XII (other than prescribed manner for the the mark; English is required in case of script is in 5. Memorandum of Understanding between Switzerland international registration under the Madrid protocol are laid section 107), a registered trade mark registration of his trade mark. and India for fostering protection and promotion of IP down under Chapter IVA of 2010 Act for international 8. if the application is to claim priority from an earlier filed convention language other than English or Hindi. or mark used in relation to goods or related rights including trademarks. application under Madrid protocol. Before becoming member to ii. section 36B (a) under chapter IVA as application, details stating number, date, country and goods/services 3. Any opposition must be made within four services for the purpose of indicating of that application is required. A certified priority document or its duly 6. World Trade Organization (WTO) - Agreement on Trade- this protocol individual application were required to be made by added after 2010 amendment states months from the date of the advertisement or notarized copy is to be submitted. If the certificate is not in English, a Related Aspects of Intellectual Property Rights (TRIPS or so as to indicate a connection in the re-advertisement (as amended by 2010 Act) the applicants seeking international trademark protection. special provisions relating to certified/notarized English translation is required; and Agreement) (1994) course of trade between the goods or protection of trademark through of an application for registration or within 9. Power of attorney simply signed by the applicant in favour of agent. 7. Agreement establishing the World Trade Organization services, as the case may be, and such further period, not exceeding one international registration under the (WTO) some person having the right as For Collective Marks: madrid protocol wherein the month in the aggregate on payment of the proprietor to use the mark, and application can be made by a person 1. Application shall be accompanied by regulations governing use of prescribed fee and give notice in writing in such collective mark; and in relation to other provisions of this who is a citizen of, or is domiciled in, the prescribed manner to the Registrar, of Act, a mark used or proposed to be or has a real and effective industrial 2. the Regulations shall specify the persons authorized to use the mark, opposition to the registration. conditions of membership of association and conditions of use of the 4. The Registrar shall serve a copy of used in relation to goods or services or commercial establishment in, that mark and sanctions against misuse of the mark. for the purpose of indicating or so to Contracting State or a State which is opposition on the applicant within two For Certification Marks: indicate to a connection in the course a member of that Contracting months from the receipt by the applicant of of trade between the goods or Organisation, as the case may be. 1. Application for Certification marks shall be accompanied by a draft of such copy of the notice of opposition, the regulations. It shall include provisions regarding cases in which the services, as the case may be, and applicant shall send to the Registrar in the iii. A single application can be made proprietor is to certify goods or services and authorize use of some person having the right, either prescribed manner a counter-statement of different classes of goods and certification trademark; and as proprietor or by way of permitted the grounds on which he relies for his services and fees in respect of each 2. Any other provision which the registrar may require to be inserted. user, to use the mark whether with or application. such class (application is examined without any indication of the identity of 5. If the applicant sends such counter- by the Indian Trade Marks Office) The application by applicant stated under section 18 shall be made in statement, the Registrar shall serve a copy that person, and includes a prescribed manner to the Trade Marks Registry within whose territorial limits thereof on the person giving notice of certification trade mark or collective the principal place of business in India of the applicant or in the case of joint opposition. mark." Section 2 m defines mark as " applicants the principal place of business in India of the applicant whose 6. The Registrar shall decide the matter based “mark” includes a device, brand, name is first mentioned in the application as having a place of business in on the evidence produced after hearing the heading, lable, ticket, name, India, is situate. Where the applicant or any of the joint applicants does not parties to grant or reject the application or signature, word, letter, numeral, carry on business in India, the application shall be filed in the office of the grant with any limitations. shape of goods, packaging or Trade Marks Registry within whose territorial limits the place mentioned in the 7. Once accepted the Registrar issues a combination of colours or any address for service in India as disclosed in the application, is situate. combination thereof. certificate, sealed with the seal of the Trade Marks Registry.

Article 1 of Indonesia’s Trademark Act A written and signed application shall be filed in Indonesian language 1. Applications have to be filed in Indonesian 1. An application with priority right should be filed within 6 months Indonesia 10 As per definition of applicant under article 1.6 1. Trademark Law Treaty (15 of 2001) defines Mark under article under article 7 stating: language; applicant/s can be any party that files an from first filing date of application in another country, who is a 1.1 as “Mark shall mean a sign in the 1. Date, month and year 2. an application with priority right should be 2. Convention Establishing the World Intellectual Property Trademark Law Number application. Indonesia recognizes ‘first-to–file’ member of Paris Convention. form of a picture, name, word, letters, 2. Complete name, nationality and address of applicant filed within 6 months from first filing date of Organization 15 of 2001 system. As also understood from article 3 2. ASEAN Framework Agreement on Intellectual Property figures, composition of colors, or a 3. Complete name and address of proxy (if applicable) application in another country, who is a anybody whether an owner/user or not if applies 3. Agreement establishing the World Trade Organization combination of said elements, having 4. Colours (if the mark uses color elements) member of Paris Convention. Cooperation sought to create co-operation on protection of Indonesian Government first for registration can become registered owner (WTO) distinguishing features and used in the 5. Country and filing date of original application (if application is filed for 3. ASEAN Framework Agreement on intellectual property rights and seeks to create ASEAN Regulation No. 7 of 2005 of the mark which is finally accepted after 4. World Trade Organization (WTO) - Agreement on activities of trade in goods or services. priority right). Intellectual Property Cooperation sought to trademark registration system. on Organizational completing due process. Trade-Related Aspects of Intellectual Property Rights Trademark is defined under Article 1.2 6. Application shall be signed by the applicant or his proxy. create co-operation on protection of Structure, Duties and (TRIPS Agreement) (1994) 3. Trademark law treaty aimed at harmonization of procedures as “Trade Mark shall mean a mark that Under article 10 if an applicant resides or 7. Receipt of the payment. intellectual property rights and seeks to Functions Trademark 5. ASEAN Framework Agreement on Intellectual is used on goods traded by a person permanently domiciles outside the territory of the 8. If application filed by more than one person who are jointly entitled to create ASEAN trademark registration system which has been achieved to certain extend. Appeal Commission to Property Cooperation. or by several persons jointly or a legal Republic of Indonesia the application must be the mark the application shall be signed by one of the applicants entitled and is applicable to Indonesia. implement Article 34 of entity to distinguish the goods from filed through a proxy in Indonesia. to the mark and be furnished with a written consent from them. Law No. 15 of 2001. 4. Trademark law treaty aimed at other goods of the same kind. harmonization of procedures which has been achieved to certain extend.

Japanese Trademark Law defines Japan 10 Any person or legal entity can register the 1. Name and the domicile or residence of the applicant for trademark 1. The application and the mark are 1. Protocol Relating to the Madrid Agreement 1. Japanese national or foreign national residing or domiciled in "Trademark" (Article 2 of Law) to trademark. Japan also adopts the first-to-file registration; preferred in Japanese language. In Concerning the International Registration of Japan (or jurustic person) can file an application for include among those recognizable by Trademark Act (Act No. system in which the registration is granted to a 2. samples of trademark (between 8cm*8cm and 15cm*15cm); a case where transliteration Marks international registration of trademark, by Madrid Protocol, 127 of April 13, 1959, as human perception, any character(s), person who has first filed an application, when translation of mark is described, the 2. Trademark Law Treaty where requirements provided by Ordinance of the Ministry of amended up to Act No. 36 figure(s), sign(s) or three - dimensional 3. the description of goods and services and class of goods or an application for similar or identical can use it as a reference Economy, Trade and Industry are applicable. of May 14, 2014) shape(s) or colors, or any combination services provided by Cabinet Order as provided for in Article 6(2); 3. Nice Agreement Concerning the International is filed, regardless of whether the trademark for examination. Since the popular thereof, sounds, etc. provided by Classification of Goods and Services for the 2. Japanese Office has released the 'International has been used previously. 4. the application shall contain thereof a statement indicating a naming or concept of said Purposes of the Registration of Marks Classification of Goods and Services, 10th Edition, Version Cabinet Order (hereinafter referred to trademark consists of the following as listed herein; trademark must be determined by as a "mark") which is: (i) used in 2015 in Japanese translation with similar group code'. Hence a. any character(s), figure(s), sign(s) or three dimensional considering the degree of 4. Paris Convention for the Protection of Industrial connection with the goods of a person uniform classification is applicable to all applications. shape(s) or colors, or any combination thereof, where the said recognition by Japanese Property who produces, certifies or assigns the 3. Comprehensive Economic Partnership Agreement between character(s), figure(s), sign(s) or three- dimensional shape(s) consumers, the use of such 5. Convention Establishing the World Intellectual goods as a business; or (ii) used in Japan and the Republic of India grants parties from or colors in connection with the said trademark change; description will be left to the Property Organization connection with the services of a judgment of the examiner. contracting states Article 106 protection of the well known b. consists of three-dimensional shape(s) (including the person who provides or certifies the 6. Agreement establishing the World Trade trademark as per their determination of well known trademark. combination with any character(s), figure(s), sign(s) or three- services as a business (except those Organization (WTO) A request by applicant for considering its application for dimensional shape(s) or colors, or any combination thereof) provided for in article 4: unregistrable 7. World Trade Organization (WTO) - Agreement on registration of a trademark be examined in preference to other (excluding those listed in the preceding item); trademark) Trade-Related Aspects of Intellectual Property applications shall be considered. c. consists solely of colors (excluding those listed in item (a); Rights (TRIPS Agreement) 4. Agreement between the Government of Japan and the d. consists solely of sounds; or 8. Agreement between Japan and China with Government of Malaysia for an Economic Partnership for e. in addition to those listed in each of the preceding items, Regards to Protection of Trademarks streamlining and Harmonization of Procedural Matters in trademarks provided by Cabinet Order of the Ministry of 9. Comprehensive Economic Partnership Intellectual property including trademark under article 126 Economy, Trade and Industry; Agreement between Japan and the Republic of protection of trademarks to registered owner under article 132. 5. the indication of trademark being “standard character trademark” India including inter alia protection of trademark after trademark is sought for registration with item b – e above. under Article 106 of the Treaty. 5. Agreement between Japan and the Socialist Republic of Viet Nam for an Economic Partnership sought to abolish the 6. Power of attorney duly made. 10. Agreement between the Government of Japan and the Government of Malaysia for an Economic requirement of the authentication of signatures or other 7. certified copy of priority claim to seek claim under article 8 within means of self-identification on documents to be submitted to six months from the date of application filed in member country. Partnership. the competent authority of the Party, including applications, 11. Agreement between the Government of Japan translations into a language accepted by such authority of any and the Government of Malaysia for an Economic earlier application whose priority is claimed, powers of Partnership for streamlining and Harmonization attorney, and certifications of assignment, in the course of of Procedural Matters in Intellectual property application procedure. Further, protection the trademark. including trademark under article 121. 6. Agreement between Japan and Brunei Darussalam for an 12. Agreement between Japan and the Kingdom of Economic Partnership sought proper enforcement of Thailand for an Economic Partnership for intellectual rights including trademark and prevent harmonizing and streamlining the procedure and infringements by co-operation in customs for prohibiting mutual co-operation for trademark protections. importation and exportation of goods suspected of infringing 13. Agreement between Japan and the Socialist intellectual property rights. Republic of Viet Nam for an Economic Partnership 14. Agreement between Japan and Brunei Darussalam for an Economic Partnership