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Trademark Co Existence Agreement Template for Indonesia

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Key Requirements PROMPT example:

Trademark Co Existence Agreement

"I need a Trademark Co-Existence Agreement between my Indonesian technology company and a Japanese corporation regarding similar software product names, where we agree to operate in different Asian territories with specific online usage restrictions to be implemented by March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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