A Trademark Co-Existence Agreement is essential when two or more parties discover they have similar or potentially conflicting trademarks but wish to avoid litigation and maintain their respective market positions. This document, governed by Indonesian law, particularly Law No. 20 of 2016 on Marks and Geographical Indications, provides a framework for peaceful trademark coexistence. It is commonly used when companies operate in different territories, market segments, or product categories, making concurrent trademark use feasible. The agreement typically includes detailed provisions about permitted uses, territorial restrictions, quality control measures, and dispute resolution mechanisms. It's particularly relevant in Indonesia's growing market where international and local brands frequently encounter trademark similarities and need formal arrangements to protect their respective rights while avoiding costly legal battles.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, including brief history of the trademark dispute or potential conflict and parties' desire to co-exist
3. Definitions: Definitions of key terms used throughout the agreement, including specific trademark descriptions, territories, and technical terms
4. Acknowledgment of Rights: Mutual recognition of each party's trademark rights and validity of their respective marks
5. Scope of Agreement: Detailed terms of co-existence, including permitted uses and restrictions for each party's marks
6. Territorial Restrictions: Specific geographical areas where each party may use their marks
7. Goods and Services Restrictions: Specific products and services for which each party may use their marks
8. Quality Control: Standards for maintaining quality of goods/services to protect marks' reputation
9. Non-Challenge Provisions: Agreement not to challenge or oppose each other's trademark applications or registrations
10. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
11. Breach and Remedies: Consequences of breach and available remedies
12. Governing Law and Jurisdiction: Applicable law and courts/tribunals with jurisdiction over disputes
13. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Online Usage Provisions: Specific terms for use of trademarks in domain names, social media, and online advertising - include when digital presence is significant
2. Assignment and Licensing: Terms for transferring rights or granting licenses - include when parties anticipate corporate restructuring or licensing programs
3. Existing Dispute Resolution: Provisions for resolving current trademark disputes or opposition proceedings - include when active conflicts exist
4. Marketing and Advertising Guidelines: Specific rules for marketing materials and advertising - include when brands have similar marketing channels
5. Future Cooperation: Framework for handling future trademark issues - include when ongoing relationship is anticipated
6. Confidentiality: Terms for maintaining confidentiality of agreement terms - include when parties want to keep details private
1. Schedule A - Trademark Specifications: Detailed descriptions, images, and registration numbers of each party's trademarks
2. Schedule B - Territorial Map: Maps or detailed descriptions of permitted geographical territories for each party
3. Schedule C - Approved Uses: Specific examples and guidelines for permitted uses of the trademarks
4. Schedule D - Prohibited Uses: Examples and specifications of prohibited uses of the trademarks
5. Schedule E - Existing Registrations: List of all relevant trademark registrations and applications owned by each party
6. Appendix 1 - Brand Guidelines: Visual guidelines for trademark usage, including spacing, colors, and size requirements
Relevant legal definitions
Clauses
Relevant Industries
Consumer Goods
Retail
Technology
Fashion and Luxury
Food and Beverage
Pharmaceuticals
Entertainment
Media
Financial Services
Manufacturing
E-commerce
Software and IT
Professional Services
Healthcare
Automotive
Relevant Teams
Legal
Intellectual Property
Marketing
Brand Management
Corporate Affairs
Business Development
Commercial
Compliance
International Business
Executive Leadership
Relevant Roles
Legal Counsel
Intellectual Property Attorney
Brand Manager
Chief Legal Officer
Trademark Attorney
Chief Executive Officer
Chief Marketing Officer
Commercial Director
Intellectual Property Manager
Corporate Counsel
Business Development Director
Marketing Director
Compliance Officer
General Counsel
International Business Manager
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