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Joint Trademark Ownership Agreement for Indonesia

Joint Trademark Ownership Agreement Template for Indonesia

A Joint Trademark Ownership Agreement under Indonesian law establishes the legal framework for multiple parties to jointly own and manage trademark rights. This agreement is governed by Law No. 20 of 2016 on Trademarks and Geographical Indications and related Indonesian regulations. It defines the ownership structure, rights, obligations, decision-making processes, and commercial arrangements between co-owners. The document includes provisions for trademark use, quality control, cost and revenue sharing, and dispute resolution mechanisms, all while ensuring compliance with Indonesian intellectual property and commercial laws.

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What is a Joint Trademark Ownership Agreement?

A Joint Trademark Ownership Agreement is essential when multiple parties wish to share ownership rights in a trademark under Indonesian law. This arrangement is commonly used in joint ventures, brand collaborations, family businesses, or following mergers where parties agree to maintain joint ownership of valuable trademark assets. The agreement must comply with Indonesian Law No. 20 of 2016 on Trademarks and Geographical Indications, as well as relevant commercial and civil law provisions. It provides a comprehensive framework for managing shared trademark rights, including detailed provisions on usage rights, quality control, decision-making processes, revenue sharing, and dispute resolution. The document is particularly crucial in scenarios where traditional single-ownership structures are not suitable or where parties wish to maintain collaborative control over valuable brand assets.

What sections should be included in a Joint Trademark Ownership Agreement?

1. Parties: Identification of all parties entering into the joint trademark ownership agreement

2. Background: Context of the agreement, including history of the trademark and relationship between the parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Trademark Details: Specific details of the trademark(s) subject to joint ownership, including registration numbers and classes

5. Ownership Structure: Declaration of ownership shares and rights between the parties

6. Rights and Obligations: Detailed description of each party's rights and responsibilities regarding the trademark

7. Use of Trademark: Rules and conditions for using the jointly owned trademark

8. Quality Control: Standards and procedures for maintaining trademark quality and brand consistency

9. Decision Making: Procedures for making decisions regarding the trademark's use and management

10. Cost Sharing: Allocation of costs related to trademark maintenance, protection, and enforcement

11. Revenue Sharing: Distribution of revenue generated from the trademark's use

12. Protection and Enforcement: Procedures for protecting the trademark and enforcing rights against third parties

13. Term and Termination: Duration of the agreement and conditions for termination

14. Dispute Resolution: Procedures for resolving disputes between the parties

15. Governing Law: Specification of Indonesian law as governing law and jurisdiction

16. General Provisions: Standard contractual provisions including notices, amendments, and severability

What sections are optional to include in a Joint Trademark Ownership Agreement?

1. Geographical Restrictions: Defines territorial limitations on trademark use when parties operate in different regions

2. Third Party Licensing: Procedures and conditions for licensing the trademark to third parties

3. Exit Provisions: Detailed procedures for one party to exit the joint ownership arrangement

4. Right of First Refusal: Provisions giving existing owners priority rights to purchase another owner's share

5. Non-Competition: Restrictions on parties competing with the jointly owned trademark

6. Marketing and Promotion: Specific arrangements for marketing activities and brand promotion

7. Technology Transfer: Provisions regarding associated technology or know-how transfer if relevant

8. Insurance: Requirements for insurance coverage related to trademark use

What schedules should be included in a Joint Trademark Ownership Agreement?

1. Schedule 1 - Trademark Specifications: Detailed specifications of the trademark(s) including registration numbers, classes, and jurisdictions

2. Schedule 2 - Brand Guidelines: Comprehensive guidelines for trademark usage, including visual elements and positioning

3. Schedule 3 - Quality Standards: Detailed quality control standards and procedures

4. Schedule 4 - Cost Allocation: Detailed breakdown of cost sharing arrangements and procedures

5. Schedule 5 - Revenue Distribution: Detailed procedures for calculating and distributing revenue

6. Schedule 6 - Decision Making Procedures: Detailed procedures for various types of decisions and voting mechanisms

7. Appendix A - Trademark Registrations: Copies of trademark registration certificates and related documentation

8. Appendix B - Historical Usage: Documentation of historical trademark usage by the parties

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 Apparel

Food and Beverage

Pharmaceuticals

Cosmetics

Entertainment

Media

Automotive

Electronics

Software

E-commerce

Hospitality

Relevant Teams

Legal

Intellectual Property

Brand Management

Commercial

Business Development

Corporate Affairs

Licensing

Marketing

Compliance

Risk Management

Relevant Roles

Legal Counsel

Intellectual Property Manager

Brand Manager

Commercial Director

Business Development Manager

Chief Legal Officer

Trademark Attorney

Licensing Manager

Corporate Counsel

Chief Executive Officer

Chief Commercial Officer

Intellectual Property Director

Partnership Manager

General Counsel

Brand Protection Manager

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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