Create a bespoke document in minutes, or upload and review your own.
Get your first 2 documents free
Your data doesn't train Genie's AI
You keep IP ownership of your information
Trademark Agreement
I need a trademark agreement to formalize the licensing of a trademark for a local product, ensuring exclusive rights for a duration of 5 years with an option to renew. The agreement should include provisions for quality control, royalty payments, and dispute resolution mechanisms.
What is a Trademark Agreement?
A Trademark Agreement lets business owners share, license, or transfer their trademark rights to others under specific terms. In Indonesia, these contracts follow the Trademark Law No. 20 of 2016 and help protect valuable brand assets like logos, names, and distinctive marks in the local market.
The agreement spells out key details like usage rules, payment terms, and quality control requirements. It protects both parties by clearly defining how the trademark can be used, in which territories, and for what duration. Indonesian businesses often use these agreements when expanding through franchising, entering partnerships, or resolving trademark disputes with other companies.
When should you use a Trademark Agreement?
Use a Trademark Agreement when your business needs to share or license its brand assets with others in Indonesia. This becomes essential during franchise expansions, when forming strategic partnerships, or if you're letting another company use your trademark for specific products or services.
The timing is critical for major business moves like entering joint ventures, resolving trademark disputes, or expanding into new markets. Indonesian companies must have this agreement in place before any third party starts using their protected marks - doing so afterward risks losing control of valuable brand rights and facing legal complications under Law No. 20 of 2016.
What are the different types of Trademark Agreement?
- License Agreements: Lets trademark owners grant specific usage rights while maintaining ownership. Common in franchise operations across Indonesia's retail and food sectors.
- Assignment Agreements: Transfers full ownership of the trademark to another party. Used during company acquisitions or brand sales.
- Coexistence Agreements: Helps similar brands operate in different markets or sectors without conflict. Popular among Indonesian companies expanding nationally.
- Quality Control Agreements: Sets standards for trademark use by licensees, crucial for maintaining brand integrity in manufacturing partnerships.
Who should typically use a Trademark Agreement?
- Trademark Owners: Companies, entrepreneurs, or individuals who own registered trademarks in Indonesia and want to protect or monetize their brand assets.
- Licensees: Businesses receiving rights to use the trademark, often franchisees or manufacturing partners operating under strict guidelines.
- IP Lawyers: Legal professionals who draft and review Trademark Agreements to ensure compliance with Indonesian law and protect client interests.
- Brand Managers: Corporate officers responsible for maintaining trademark value and overseeing licensed usage across partnerships.
- Regulatory Officials: Government representatives who record and enforce trademark rights under Law No. 20 of 2016.
How do you write a Trademark Agreement?
- Trademark Details: Gather registration numbers, classes, and usage history from the Indonesian Trademark Office database.
- Scope Definition: Clearly outline permitted uses, territories, and duration of the trademark rights being shared.
- Party Information: Collect complete business details, registration documents, and signing authority for all involved parties.
- Quality Standards: Document specific requirements for trademark usage, including brand guidelines and quality control measures.
- Payment Terms: Define royalty rates, payment schedules, and reporting requirements aligned with Indonesian financial regulations.
- Compliance Check: Our platform ensures your agreement includes all mandatory elements under Law No. 20 of 2016.
What should be included in a Trademark Agreement?
- Party Details: Full legal names, addresses, and registration numbers of trademark owner and licensee.
- Trademark Description: Registration details, visual representations, and protected classes under Indonesian law.
- Usage Terms: Clear scope of permitted use, territorial limits, and duration of rights granted.
- Quality Control: Standards for trademark usage, inspection rights, and compliance requirements.
- Financial Terms: Royalty rates, payment schedules, and reporting obligations.
- Termination Clauses: Conditions for ending the agreement and post-termination obligations.
- Dispute Resolution: Indonesian jurisdiction choice and arbitration procedures under local law.
- Signature Block: Authorized signatories' details and official company stamps as required.
What's the difference between a Trademark Agreement and a Trademark License Agreement?
A Trademark Agreement and a Trademark License Agreement often cause confusion in Indonesian business practice. While both deal with trademark rights, they serve distinct purposes and have different scopes.
- Scope and Purpose: A Trademark Agreement covers broad arrangements including assignments, coexistence, and transfers of ownership. A License Agreement specifically focuses on permitting temporary usage rights while retaining ownership.
- Duration and Control: Trademark Agreements often involve permanent changes in rights or ownership structure. License Agreements typically have fixed terms and maintain stricter control mechanisms.
- Legal Requirements: Under Indonesian Law No. 20 of 2016, Trademark Agreements require registration with authorities when ownership changes occur. License Agreements need recording but don't transfer underlying ownership rights.
- Financial Structure: License Agreements usually involve ongoing royalty payments. Trademark Agreements might include one-time payments or more complex compensation arrangements.
Download our whitepaper on the future of AI in Legal
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it