Trademark Assignment Agreement Template for Indonesia

A Trademark Assignment Agreement is a legally binding contract that transfers complete ownership of trademark rights from the current owner (assignor) to a new owner (assignee) in Indonesia. This document ensures that all trademark rights, including the exclusive right to use, license, and enforce the trademark, are properly transferred according to Indonesian intellectual property law.

When do you need this document?

You need a Trademark Assignment Agreement when selling your business and want to include trademark assets, during mergers or acquisitions where brand ownership must be clarified, when restructuring your company and transferring trademarks between subsidiaries, or when licensing arrangements evolve into full ownership transfers. This document is also essential when settling partnership disputes involving trademark ownership, establishing joint ventures where one party contributes trademark assets, or when estate planning requires transferring trademark rights to beneficiaries. Indonesian businesses increasingly rely on this agreement during international expansion to ensure clear ownership chains for global trademark portfolios.

Key legal considerations

The agreement must clearly identify all trademarks being transferred, including registration numbers, classes, and jurisdictions. You should include comprehensive warranties from the assignor regarding ownership validity, absence of encumbrances, and non-infringement of third-party rights. Consider including provisions for pending applications, goodwill transfer, and any existing licensing agreements that may affect the trademark. The document should address consideration payment terms, whether monetary or otherwise, and specify effective dates for the transfer. Include clauses covering assignor cooperation in enforcement actions and transition procedures for existing trademark use. Remember that inadequate warranties or unclear transfer terms can lead to disputes and potentially invalid assignments under Indonesian law.

Legal requirements in Indonesia

Under Law No. 20 of 2016 on Marks and Geographical Indications, trademark assignments must be recorded with the Indonesian Directorate General of Intellectual Property to be effective against third parties. The agreement must be executed in writing and signed by both parties or their authorized representatives. Government Regulation No. 28 of 2019 requires specific documentation for recording assignments, including proof of trademark ownership and payment of prescribed fees. The Indonesian Civil Code governs contract validity, requiring legal capacity of parties, lawful consideration, and clear consent. Foreign assignees may need to provide additional documentation regarding their legal status and authorization to hold Indonesian trademarks. Recording the assignment typically takes 30-60 days and provides public notice of the ownership change, protecting your rights against subsequent claims.