A mark is a sign which can be graphically represented in a drawing, a logo, a name, word, character, figure, color composition, in 2 (two) and/or 3 (three) dimensional shape, sound, hologram or combination of both elements or more to distinguish goods and/or services produced by an individual or legal entity for trades of the goods and/or services.

A trademark functions as:

  1. An identification to distinguish production of an individual or several persons collectively or legal entity from production of others;
  2. Promotion tools; thus, the promotion of the product takes only to mention its Trademark;
  3. A guarantee of the quality of a product;'
  4. An indication of the origin of goods/services.

Registration of trademark functions as:

  1. A proof of ownership of a registered Trademark;
  2. A ground of refusal against similar or identical Trademark filed by other party for similar goods/services;
  3. A ground to prohibit others from using similar or identical Trademark in the course of trading similar goods/services.

A trademark cannot be registered if :

  1. It contravenes the state ideology, laws and regulations, morality, religions, decency, or public order;
  2. It is similar , related to, or mentions the type of goods and/or services being applied for registration;
  3. It contains any elements that may mislead the society concerning its origin, quality, types, size, variety, purpose of usage of the goods and/or services being applied for registration or it constitutes a name of protected plant variety for similar goods and/or services;
  4. It includes information which does not correspond to the quality, benefits, or efficacy of such goods and/or services produced;
  5. It is not distinctive; and/o;
  6. It is a generic name and/or public emblem.

An application for registration of a trademark is refused

  1. trademark is substantially identical or similar to an earlier trademark registration and the goods or services of both are the same or similar;
  2. trademark is substantially identical or similar to a well-known marks and the goods or services of both are the same or similar;
  3. trademark is substantially identical or similar to a well-known marks though the goods or services of both are not the same or similar, provided that it complies to certain conditions further prescribed under government regulation;
  4. trademark constitutes or consists of known geographical indications;
  5. trademark constitutes or resembles to the name of a well-known person, photograph, or the name of a legal entity belonging to other party, unless the consent of said person has been given;
  6. trademark constitutes name or badges, emblems or escutcheons, unless the consent of the appropriate authorities to their registration has been given;
  7. trademark imitates or resembles seals or stamps or hallmarks used by a state or a government institution, unless by a written consent of the competent authorities.

A registered trademark is protected for a period of 10 years since the filing date of its application and it can be renewed.