Trademark Security Agreement Template for Indonesia

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Key Requirements PROMPT example:

Trademark Security Agreement

"I need a Trademark Security Agreement under Indonesian law to secure a USD 5 million loan from Bank Asia Pacific, using our company's portfolio of 12 registered beverage trademarks as collateral, with the agreement to be effective from March 1, 2025."

Document background
A Trademark Security Agreement is utilized when a company wishes to use its trademark portfolio as collateral for securing financial obligations in Indonesia. This document is essential for transactions where intellectual property assets form a significant part of a company's value and are being used to secure loans or other financial arrangements. The agreement must conform to Indonesian legal requirements, particularly the Fiduciary Security Law and Trademark Law, requiring registration with both the Fiduciary Registration Office and the Trademark Office. It includes detailed provisions about the secured trademarks, representations about ownership and validity, maintenance obligations, enforcement mechanisms, and specific Indonesian law compliance requirements. The document is particularly relevant in financing transactions, corporate restructurings, or when intellectual property assets are used as security for business expansion or operations.
Suggested Sections

1. Parties: Identification of the Grantor (trademark owner) and Secured Party (lender/security holder)

2. Background: Context of the security arrangement, reference to any underlying loan or facility agreement, and purpose of the security

3. Definitions: Definitions of key terms used throughout the agreement, including specific Indonesian law terms

4. Grant of Security Interest: Express creation and grant of the security interest over the specified trademarks

5. Secured Obligations: Definition of the obligations secured by the agreement, including principal debt, interest, and other secured amounts

6. Representations and Warranties: Grantor's declarations regarding ownership, validity, and status of the trademarks

7. Perfection Requirements: Requirements for registering the security interest with relevant Indonesian authorities

8. Maintenance and Protection: Grantor's obligations to maintain trademark registrations and protect the marks

9. Enforcement: Rights and remedies of the Secured Party upon default, compliant with Indonesian law

10. Term and Termination: Duration of the security interest and conditions for termination

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes

Optional Sections

1. Further Assurance: Additional actions the Grantor must take to perfect or protect the security interest, used in complex transactions

2. Power of Attorney: Appointment of the Secured Party as attorney-in-fact, included when direct control over trademark matters is required

3. License Rights: Provisions regarding existing or future trademark licenses, included when licensed trademarks are involved

4. Currency Provisions: Required when secured obligations are in foreign currency

5. Co-existence Agreements: Provisions dealing with any trademark co-existence agreements, included when such agreements exist

6. Inter-creditor Provisions: Required when multiple secured parties have interests in the trademarks

Suggested Schedules

1. Schedule of Trademarks: Detailed list of all trademarks covered by the security interest, including registration numbers and status

2. Form of Trademark Security Filing: Template for filing the security interest with the Indonesian Trademark Office

3. Form of Fiduciary Security Registration: Template for registering the security interest under the Fiduciary Security Law

4. Existing Licenses: List of existing trademark licenses and licensees, if applicable

5. Form of Notice to Licensees: Template for notifying existing licensees of the security interest

6. Existing Security Interests: Schedule of any existing security interests or encumbrances on the trademarks

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Banking and Financial Services

Consumer Goods

Retail

Manufacturing

Technology

Pharmaceuticals

Food and Beverage

Fashion and Luxury Goods

Telecommunications

Media and Entertainment

Hospitality

Relevant Teams

Legal

Intellectual Property

Finance

Treasury

Compliance

Risk Management

Corporate Secretarial

Brand Management

Relevant Roles

Chief Legal Officer

Intellectual Property Counsel

Corporate Counsel

Finance Director

Chief Financial Officer

Trademark Attorney

Security Documentation Lawyer

Banking and Finance Lawyer

Intellectual Property Manager

Commercial Director

Risk Manager

Compliance Officer

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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