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Trademark Ownership Transfer

Written by David James Oliver on 26/07/2024
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

Introduction

Transferring trademark ownership in Indonesia involves several key steps to ensure legal compliance and proper recognition of the new owner. This article provides a comprehensive guide to understanding the process, its importance, and the benefits of transferring trademark ownership in Indonesia.

Definition

Trademark transfer of ownership refers to the legal process by which the rights and ownership of a registered trademark are transferred from the current owner to a new owner. This process ensures that the new owner gains all the legal rights and protections associated with the trademark.

The transfer of trademark ownership in Indonesia is governed by the Trademark Law No. 20 of 2016 . Understanding this legal framework is crucial for ensuring compliance throughout the transfer process.

The Importance/The Necessity

Transferring trademark ownership is crucial for various reasons:

Legal Protection
Ensures the new owner has legal rights to use and protect the trademark.
Business Continuity
Facilitates smooth transitions during mergers, acquisitions, or business sales.
Brand Management
Allows for proper management and control of brand assets.
Market Expansion
Enables businesses to expand their market reach by transferring trademarks to subsidiaries or partners.

The Best Time to Do Trademark Ownership Transfer

The optimal times to transfer trademark ownership include:

Business Sale
When selling a business that includes trademarked products or services.
Inheritance
When transferring ownership due to inheritance.
Strategic Partnerships
When forming strategic alliances or joint ventures.

Benefits of Trademark Ownership Transfer

Transferring trademark ownership offers several benefits:

Legal Clarity
Provides clear legal standing and ownership rights.
Asset Management
Facilitates better management of intellectual property assets.
Market Positioning
Enhances market positioning by ensuring the rightful owner can leverage the trademark.
Financial Gains
Potentially increases the financial value of the business through proper trademark management.

The Process of Trademark Ownership Transfer

Transferring trademark ownership in Indonesia involves a structured process to ensure legal compliance and proper recognition of the new owner. The steps include:

Document Preparation
- Both parties (current owner and new owner) must agree on the transfer terms.
- This agreement is documented through a sale-and-purchase agreement or a deed of grant (akta hibah). Other forms of trademark transfer may be through inheritance or waqf.
Power of Attorney
- If representation is involved, typically through the aid of an IP Consultant, a power of attorney must be prepared. This allows the representative to handle the transfer process on behalf of the parties involved.
Registration
- The transfer must be registered with the Directorate General of Intellectual Property (DGIP).
- Necessary documents include the agreement, proof of trademark registration, and application forms.
DGIP Review
- The DGIP reviews the submitted documents.
- If everything is in order, the transfer will be recorded, and the new owner will be officially recognized.
Publication
- A new Trademark Certificate stating that the trademark is now under new ownership will be issued by the DGIP.
- This finalizes the process and provides public notice of the change in ownership.

How We Can Help

Navigating the trademark transfer process can be complex and time-consuming. Our services are designed to assist you at every step, ensuring a smooth and legally compliant transfer. Here’s how we can help:

Consultation
- Provide expert advice on the trademark transfer process.
- Assess your specific needs and circumstances to tailor our services accordingly.
Documentation
- Assist in drafting and reviewing the sale-and-purchase agreement or deed of grant (akta hibah) or other forms of transfer as deemed fit.
- Prepare and organize all necessary documents for submission to the DGIP.
Submission and Follow-Up:
- Submit the required documents to the DGIP.
- Monitor the progress of the application and provide updates.
- Confirm the finalization of the transfer and provide you with official documentation.

FAQs

What documents are required for transferring trademark ownership in Indonesia?

The most common documents include the sale-and-purchase agreement or deed of grant (akta hibah), proof of trademark registration, application forms, and a power of attorney if representation is involved.

How long does the trademark transfer process take?

The duration can vary, but typically around 4 to 6 months starting from the documents having been submitted to the DGIP.

What happens if the DGIP finds an issue with the submitted documents?

If the DGIP identifies any issues, they will notify the applicant to rectify the problems. The transfer process will be on hold until the issues are resolved.

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