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Trademark Agreement for Indonesia

Trademark Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law, particularly Law No. 20 of 2016 on Trademarks and Geographical Indications, that establishes the terms and conditions for licensing trademark rights. This agreement details the relationship between the trademark owner (licensor) and the party authorized to use the trademark (licensee), including scope of use, quality control requirements, financial terms, and compliance with Indonesian intellectual property regulations. The document incorporates specific provisions required under Indonesian law for trademark licensing, including mandatory registration with the Directorate General of Intellectual Property Rights, and addresses both domestic and international trademark protection considerations.

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Trademark Agreement

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What is a Trademark Agreement?

The Trademark Agreement serves as a crucial legal instrument for businesses seeking to license their trademark rights in Indonesia. This document is essential when a trademark owner wishes to grant another party the right to use their registered trademark while maintaining control over its usage and protecting their intellectual property rights. The agreement must comply with Indonesian trademark law, particularly Law No. 20 of 2016, which requires specific provisions regarding quality control, license registration, and territorial scope. It is commonly used in various commercial contexts, including brand expansion, franchising, and international market entry strategies. The document addresses key aspects such as license scope, royalty structures, quality standards, and enforcement mechanisms, while ensuring compliance with local regulatory requirements and international best practices in trademark licensing.

What sections should be included in a Trademark Agreement?

1. Parties: Identification of the trademark owner (licensor) and the party receiving rights to use the trademark (licensee), including their legal status and registered addresses

2. Background: Context of the agreement, including details about the trademark ownership, registration status, and business relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement, including specific trademark-related terminology

4. Grant of License: Specific rights being granted, including type of license (exclusive/non-exclusive), territory, and scope of permitted use

5. Term and Renewal: Duration of the agreement and conditions for renewal

6. Quality Control: Standards and specifications for trademark usage, including quality control measures and approval procedures

7. Royalties and Payments: Financial terms, including royalty rates, payment schedules, and calculation methods

8. Protection and Enforcement: Obligations regarding trademark protection, infringement actions, and cooperation in enforcement

9. Representations and Warranties: Statements regarding trademark ownership, validity, and authority to enter into the agreement

10. Termination: Grounds for termination, procedures, and consequences of agreement termination

11. Post-Termination Obligations: Obligations of parties after agreement termination, including cessation of use and return of materials

12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution

13. General Provisions: Standard clauses including notices, amendments, assignment, and severability

What sections are optional to include in a Trademark Agreement?

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses, specifying conditions and approval requirements

2. Marketing and Promotion: Include when specific marketing requirements or restrictions need to be detailed

3. Export Restrictions: Include when there are specific territorial restrictions or export controls

4. Technology Transfer: Include when the trademark license includes associated technical knowledge or know-how

5. Minimum Performance Requirements: Include when setting specific sales targets or minimum royalty guarantees

6. Competition Compliance: Include when needed to address specific anti-competition concerns under Indonesian law

7. Local Registration: Include when local trademark registration or recordal requirements need to be addressed

8. Dispute Resolution: Include when parties prefer alternative dispute resolution methods like mediation or arbitration

What schedules should be included in a Trademark Agreement?

1. Schedule 1 - Licensed Trademarks: Detailed list of trademarks covered by the agreement, including registration numbers and classes

2. Schedule 2 - Licensed Products/Services: Specific products or services for which the trademark may be used

3. Schedule 3 - Quality Standards: Detailed quality control specifications and standards for trademark usage

4. Schedule 4 - Trademark Usage Guidelines: Visual guidelines and specifications for trademark reproduction and placement

5. Schedule 5 - Royalty Calculations: Detailed methodology for calculating royalties and reporting requirements

6. Schedule 6 - Territory Definition: Detailed description of geographic territories covered by the license

7. Appendix A - Trademark Specimens: Examples of approved trademark usage and formatting

8. Appendix B - Approval Procedures: Detailed procedures for obtaining approval for new uses or modifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions















































Clauses










































Relevant Industries

Consumer Goods

Retail

Manufacturing

Technology

Fashion and Luxury

Food and Beverage

Pharmaceuticals

Automotive

Electronics

Software

Entertainment

Media

Telecommunications

Hospitality

Sports and Recreation

Education

Professional Services

Healthcare

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Marketing

Brand Management

Compliance

International Operations

Risk Management

Finance

Corporate Affairs

Licensing Operations

Relevant Roles

Chief Legal Officer

Intellectual Property Counsel

Brand Protection Manager

Licensing Director

Commercial Contracts Manager

Legal Compliance Officer

Business Development Director

Chief Executive Officer

Chief Commercial Officer

Brand Manager

Marketing Director

Trademark Attorney

General Counsel

International Business Manager

Franchise Development Manager

Risk Management Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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