Coexistence Agreement Sample
A formal agreement on trademark coexistence recognizes the rights of both parties to use the trademarks contained in the agreement for marketing purposes. The agreement may include a breakdown of the regions in which companies using contracting parties can use the trademark, the methods in which the mark can be used or the categories of products and services for which the trademark can be used (in conjunction with the Madrid system for international trademark registration).  An agreement on the coexistence of trademarks should include the following: The purpose of a trademark co-existence agreement is that trademarks are often used in “good faith” by several companies. The lack of formal agreement does not affect a company that uses the brand, as it is present in different regions of the world. However, with business growth, overlaps can develop and both parties may have significant rights to the use of the trademark. In some cases, companies that extend and use the same brand or similar brand generally enter into a co-existence agreement to avoid the use of the trademark in an undesirable or hurtful manner. Co-existence agreements can provide practical solutions to companies that are concerned about being sued for trademark infringement, as proactive agreements can avoid the high cost of litigation.  An agreement on trademark coexistence should clearly include: all parties to the agreement, the trademarks or logos indicated to co-exist, an agreement on the domain names used by each party, a list of the areas and geographical areas in which trademarks or logos are permitted and prohibited, as well as all relevant plans for the expansion of the company. In addition, the co-existence agreement should include the start and end date of the agreement, a clause relating to the jurisdiction of the agreement and a dispute settlement clause.
A simple approval agreement is generally cheaper because it includes less time and resources for the project. However, you will receive what you pay and a co-existence agreement will certainly offer more protection. Under this agreement, a party with a registered (and generally registered) trademark includes a series of reciprocal obligations with a party wishing to create a new trademark allowing both parties to continue to use their trademarks. In some cases, the party in place may require limited changes to the categories of goods and/or services for which the more recent party would like to use its trademark, therefore avoiding unnecessary duplication and confusion. To submit a co-existence agreement to the USPTO, an applicant (the party applying for trademark registration) must meet one of the following USPTO criteria for “simultaneous use”: approval agreements are simple and fast. If trademark registration is urgent, an approval agreement has disappeared. If time is not a problem, a co-existence agreement offers greater risk management and is instead confirmed by the courts.