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A Trade mark co-existence agreement helps two companies legally share similar brand names or logos in the Indonesian market. It's a formal arrangement that spells out how each business can use their similar marks without causing customer confusion or triggering trademark disputes.

Under Indonesia's Trademark Law No. 20 of 2016, these agreements let companies divide their market presence by geography, product types, or business sectors. For example, a Jakarta-based tech company and a Bali-based resort might agree to use similar names since they serve different industries and regions. The agreement prevents future legal conflicts while protecting both brands' rights.

Consider a Trade mark co-existence agreement when you discover another Indonesian company using a similar brand name or logo to yours, but you'd prefer to avoid costly litigation. This agreement becomes particularly valuable when both businesses operate in different market segments or regions, making peaceful coexistence possible.

The timing is crucial when expanding your business into new territories or product lines in Indonesia, especially if you uncover potential trademark conflicts during your due diligence. For example, a Jakarta-based furniture maker might need this agreement before launching a clothing line if there's already a similar brand name in the fashion industry. Early negotiation prevents future disputes and protects both parties' investments.

• Geographic agreements: Limit each company's trademark use to specific regions in Indonesia - for example, one company operates in Java while another uses the mark in Sumatra
• Product-specific agreements: Define which product categories each company can use the trademark for, like one for electronics and another for furniture
• Design modification agreements: Specify how each company must modify their logos or marks to reduce confusion
• Time-based agreements: Set duration limits or phase-out periods for trademark usage
• Hybrid agreements: Combine multiple restrictions, such as limiting both geography and product lines, common among Indonesian conglomerates

• Business Owners: Companies with similar trademarks who need to protect their brand rights while avoiding costly litigation in Indonesia
• Intellectual Property Lawyers: Draft and negotiate the agreement terms, ensuring compliance with Indonesian trademark laws
• Brand Managers: Implement and monitor trademark usage according to agreement boundaries
• Marketing Teams: Adapt promotional materials and campaigns to stay within agreed trademark limitations
• Directorate General of Intellectual Property: Reviews and records these agreements as part of Indonesia's trademark system

• Trademark Details: Gather complete information about both parties' trademarks, including registration numbers and dates in Indonesia
• Market Analysis: Document each company's product lines, geographic territories, and target customers to define clear boundaries
• Usage Parameters: Outline specific ways each party can use their marks, including design elements and marketing restrictions
• Conflict History: Record any past disputes or negotiations between the parties regarding trademark usage
• Future Plans: Consider both companies' expansion plans to ensure the agreement remains viable long-term
• Legal Requirements: Use our platform to generate a compliant agreement that meets Indonesian IP law standards

• Party Details: Full legal names, addresses, and trademark registration numbers of both Indonesian entities
• Scope Definition: Precise description of permitted trademark uses, territories, and product categories
• Usage Guidelines: Specific rules for visual presentation, marketing materials, and brand positioning
• Term and Duration: Agreement start date, renewal options, and termination conditions
• Dispute Resolution: Clear process for handling conflicts under Indonesian law
• Governing Law: Explicit reference to Indonesian Trademark Law No. 20/2016
• Signatures: Authorized signatories' details and proper execution format

A Trade mark co-existence agreement differs significantly from a Trademark License Agreement in both purpose and scope. While both deal with trademark rights in Indonesia, they serve distinct business needs.

• Purpose: Co-existence agreements resolve potential conflicts between similar marks, while license agreements grant permission to use another's trademark
• Relationship Type: Co-existence creates boundaries between competitors, while licensing establishes a partnership between brand owner and user
• Financial Terms: Co-existence typically involves no royalties or fees, whereas licensing usually requires payment for trademark use
• Control Mechanisms: Co-existence focuses on preventing interference, while licensing includes strict quality control and usage guidelines
• Duration Structure: Co-existence agreements often last indefinitely, but license agreements typically have fixed terms with renewal options