Ready to share the marketplace with a similar brand?
Let us assist you in managing the complexities of trademark coexistence with our customized Co-Existence Agreement service.
Get Started Now
Let us assist you in managing the complexities of trademark coexistence with our customized Co-Existence Agreement service.
Get Started Now
A Trademark Coexistence Agreement is a formal contract between two parties who own trademarks or trade names that are similar or identical. This agreement outlines how both parties can use their respective trademarks or names without infringing on each other’s rights.
In such an agreement, both parties agree that their trademarks or names can operate concurrently in the marketplace without leading to consumer confusion. The contract typically specifies the conditions under which each party can use their mark or name and includes any restrictions or limitations to prevent overlap.
Coexistence agreements are especially useful when two businesses in the same sector or market have similar trademarks or names. Instead of resorting to expensive legal disputes over trademark infringement, the parties can negotiate a mutually acceptable arrangement that allows both to continue using their marks while reducing the risk of consumer confusion.
A thorough trademark co-existence agreement should cover various aspects of the trademarks’ use throughout their lifecycle. At the very least, it should include the following elements:
Domain Name and Media Use: Provisions regarding the use of domain names, media appearances, and any changes to the trademark.
Expansion Rights: Terms defining which party has the right to use the trademark in new markets or for new product lines.
International Usage: Conditions for using the trademark internationally, including any restrictions.
Licensing and Assignment: Rules for licensing the trademark to third parties or transferring rights.
Abandonment: Rights and duties if one party stops using or abandons their trademark rights.
Enforcement: Mechanisms for enforcing the agreement's terms.
Breach Consequences: Penalties for violating the terms of the agreement.
Dispute Resolution: Procedures for resolving disputes, including the choice of legal venue.
A trademark is a legal right that provides exclusive ownership to a company's brand elements, including names, slogans, and logos. Registering a trademark allows a company to protect its brand from unauthorized use by others, ensuring that only the registered owner has the right to use these distinctive marks.
A trademark may be removed from the register if it infringes upon a prior registered trademark or if it has not been actively used within the specified grace period.
Any individual or entity capable of entering into contracts can apply for a trademark. In certain jurisdictions, non-resident applicants may be required to engage a local attorney to represent them before national trademark offices.
Upon successful registration, the trademark owner secures exclusive rights to their mark. This legal protection safeguards the brand from unauthorized use or imitation by others, ensuring that only the trademark holder has the right to use the registered mark.
Yes, a company can register a trademark for its name or logo, provided it is used to distinguish its products or services from those offered by competitors.
We use a proven standardized process to minimize the chances of application rejection, saving
you time and money. We’ve worked with over 8k Satisfied Business Owners.
I needed to dissolve my company and didn't know where to start. Trademark Novelty provided me with step-by-step guidance and made the entire process stress-free. Their team was professional and responsive to all of my questions. I highly recommend their services for anyone in need of company dissolution assistance.
Trademark Novelty helped me navigate the complicated process of registering my brand with the Amazon Brand Registry in the US. Their team was knowledgeable and provided valuable insights that I wouldn't have known otherwise. I highly recommend their services for anyone looking to protect their brand on Amazon.
I received an office action notice and didn't know what to do. Thankfully, I reached out to Trademark Novelty and they provided me with a comprehensive response that addressed all of the issues. Their team was extremely helpful and I would recommend their services to anyone in need of an office action response.
I was worried about renewing my trademark, but Trademark Novelty took care of everything. Their team was professional, and knowledgeable, and made the entire process smooth and seamless. I couldn't be happier with their service and highly recommend them.
Trademark Novelty made the process of registering my trademark so easy and stress-free. They were extremely helpful throughout the process and their team was very responsive to all of my questions. I highly recommend their services to anyone looking to protect their brand.