The Trademark Use Agreement is a crucial legal instrument in Indonesian commercial practice, essential for businesses seeking to license their trademarks while maintaining control over their intellectual property. This agreement is particularly relevant in Indonesia's growing market where brand protection and licensing are increasingly important. The document is structured to comply with Indonesian Law No. 20 of 2016 on Trademarks and related regulations, addressing key aspects such as trademark usage rights, quality control, compensation, and enforcement mechanisms. It's commonly used when a trademark owner wishes to authorize another party to use their mark while maintaining control over its representation and use, whether in manufacturing, distribution, or service provision. The agreement must be registered with the Indonesian Directorate General of Intellectual Property to ensure legal enforceability.
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1. Parties: Identification of the trademark owner (licensor) and the party being granted use rights (licensee)
2. Background: Context of the agreement, including details of trademark ownership and registration
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Rights: Scope of trademark use rights being granted, including any territorial or product limitations
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Quality Control: Standards and requirements for maintaining trademark quality and reputation
7. Usage Guidelines: Specific requirements for how the trademark must be used and displayed
8. Fees and Royalties: Financial terms including license fees, royalties, and payment schedules
9. Representations and Warranties: Statements of fact and guarantees by both parties
10. Protection and Enforcement: Obligations regarding trademark protection and handling infringement
11. Termination: Circumstances and procedures for ending the agreement
12. Post-Termination Obligations: Obligations that survive after agreement termination
13. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures
14. General Provisions: Standard boilerplate clauses including notices, amendment procedures, and severability
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
3. Minimum Performance Requirements: Include when there are specific sales or performance targets
4. Export Restrictions: Include when there are limitations on international trade
5. Insurance Requirements: Include when specific insurance coverage is required
6. Bank Guarantee: Include when financial security is required
7. Competition Restrictions: Include when there are non-compete or market restrictions
8. Corporate Social Responsibility: Include when specific CSR requirements apply to trademark use
1. Schedule 1 - Trademark Details: Details of the trademark(s) including registration numbers and classes
2. Schedule 2 - Licensed Products/Services: Detailed list of products or services covered by the license
3. Schedule 3 - Territory: Detailed description of geographic territories where use is permitted
4. Schedule 4 - Quality Standards: Detailed quality control requirements and specifications
5. Schedule 5 - Brand Guidelines: Technical specifications for trademark usage and styling
6. Schedule 6 - Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
7. Schedule 7 - Approval Procedures: Procedures for obtaining approval for trademark use
8. Appendix A - Sample Trademark Display: Visual examples of approved trademark usage
Relevant legal definitions
Clauses
Relevant Industries
Retail
Manufacturing
Consumer Goods
Fashion and Apparel
Food and Beverage
Technology
Pharmaceuticals
Automotive
Electronics
Franchising
E-commerce
Media and Entertainment
Cosmetics and Personal Care
Sports and Recreation
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Marketing
Brand Management
Compliance
Corporate Affairs
International Operations
Licensing
Relevant Roles
Legal Counsel
Intellectual Property Manager
Commercial Director
Brand Manager
Licensing Manager
Business Development Manager
Corporate Counsel
Compliance Officer
Contract Administrator
Chief Legal Officer
Chief Commercial Officer
Trademark Attorney
IP Rights Administrator
General Counsel
Marketing Director
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