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Trademark Assignment Agreement for Indonesia

Trademark Assignment Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that facilitates the transfer of trademark ownership rights from one party (the Assignor) to another (the Assignee). This agreement is structured in accordance with Law No. 20 of 2016 on Marks and Geographical Indications and related Indonesian regulations. It includes detailed provisions for the transfer of all rights, title, and interests in the trademark(s), including associated goodwill, registration procedures with the Indonesian Directorate General of Intellectual Property, and necessary warranties and representations to ensure legal compliance and protection for both parties.

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What is a Trademark Assignment Agreement?

The Trademark Assignment Agreement is a crucial legal instrument used when transferring ownership of trademark rights in Indonesia. This document is essential in various business scenarios, including company acquisitions, brand sales, corporate restructuring, or strategic brand management. The agreement must comply with Indonesian Law No. 20 of 2016 on Marks and Geographical Indications and should be recorded with the Indonesian Directorate General of Intellectual Property to be fully effective. It typically includes comprehensive details about the trademark(s) being transferred, consideration paid, warranties about ownership and validity, and provisions for registration of the assignment. The document is particularly important in Indonesia's growing commercial landscape, where intellectual property protection and brand value are increasingly significant.

What sections should be included in a Trademark Assignment Agreement?

1. Parties: Identifies the Assignor and Assignee with their complete legal names, registration numbers, and registered addresses

2. Background: Establishes the Assignor's ownership of the trademark(s) and intent to transfer to the Assignee

3. Definitions: Defines key terms including 'Trademark(s)', 'Effective Date', 'Assignment', 'Intellectual Property Office', and other relevant terms

4. Assignment: Clear statement of the transfer of all rights, title, and interest in the trademark(s) from Assignor to Assignee

5. Consideration: States the agreed payment or other consideration for the assignment

6. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, no encumbrances, and validity of the trademark(s)

7. Further Assurances: Obligation to execute additional documents and assist with trademark office recordals

8. Payment Terms: Details of how and when the consideration will be paid

9. Registration and Recordal: Process for recording the assignment with the Indonesian Directorate General of Intellectual Property

10. Governing Law: Specifies Indonesian law as governing law

11. Dispute Resolution: Mechanism for resolving disputes under Indonesian jurisdiction

12. Entire Agreement: Confirms the agreement represents the entire understanding between parties

13. Execution: Signature blocks and execution requirements

What sections are optional to include in a Trademark Assignment Agreement?

1. Goodwill: Specific clause for assignment of associated goodwill - required if trademark has built significant market recognition

2. International Registrations: Additional provisions for trademarks registered in multiple jurisdictions

3. Tax Provisions: Specific tax-related provisions if significant tax implications exist

4. Confidentiality: Provisions for keeping the assignment terms confidential - important for sensitive commercial transactions

5. Language: Dual language provisions if agreement needs to be in both English and Indonesian

6. Power of Attorney: Authorization for legal representatives to handle registration - useful for international assignees

7. Transitional Provisions: Arrangements for transition period if assignor needs to phase out trademark use

8. Related Rights: Provisions for associated IP rights if trademark is part of larger IP portfolio

What schedules should be included in a Trademark Assignment Agreement?

1. Schedule 1 - Trademark Details: Comprehensive list of trademarks being assigned, including registration numbers, classes, and jurisdictions

2. Schedule 2 - Form of Recordal Applications: Templates for required recordal documents for Indonesian IP Office

3. Schedule 3 - Existing Agreements: List of any existing licenses, coexistence agreements, or other relevant agreements affecting the trademark

4. Schedule 4 - Payment Schedule: Detailed payment terms if payment is to be made in installments

5. Appendix A - Power of Attorney: Standard power of attorney form if required for recordal

6. Appendix B - Trademark Specimens: Visual representations of the trademarks being assigned

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

Cost

Free to use
Relevant legal definitions
































Clauses






























Relevant Industries

Consumer Goods

Retail

Manufacturing

Technology

Fashion and Luxury

Food and Beverage

Pharmaceuticals

Cosmetics

Entertainment

Media

Professional Services

E-commerce

Telecommunications

Automotive

Financial Services

Relevant Teams

Legal

Intellectual Property

Brand Management

Corporate Affairs

Commercial

Business Development

Mergers & Acquisitions

Risk and Compliance

Finance

Marketing

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Chief Legal Officer

Corporate Secretary

Trademark Attorney

Licensing Manager

Business Development Director

Chief Executive Officer

Chief Financial Officer

Mergers & Acquisitions Director

Risk Management Officer

Compliance 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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