A trademark coexistence agreement is an

agreement Agreement may refer to: Agreements between people and organizations * Gentlemen's agreement, not enforceable by law * Trade agreement, between countries * Consensus, a decision-making process * Contract, enforceable in a court of law ** Meeting o ...

made by two parties to use a similar

trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...

for marketing purposes without interfering in each other's enterprises. Agreements of this nature are often made as parties only require regional use of their trademarks, and therefore other enterprises use of a trademark will not harm their business. Coexistence agreements can potentially also involve designs, copyrights and even patents.

Purpose

The purpose of a trademark coexistence agreement is that often marks are used by multiple enterprises in "good faith". The absence of a formal agreement does not undermine any enterprise using the mark as they are in different global regions. However, as the enterprises grow, overlaps can develop, and both parties can have substantial rights for using the trademark. In certain cases, companies who are expanding and using the same or a similar trademark usually enter in a coexistence agreement for the purpose of avoiding usage of the trademark in a way which is undesirable or infringing. Coexistence agreements can offer practical solutions to companies who are concerned about being sued for trademark infringement, as proactive agreements can avoid the large cost of

litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

Formal agreement

A formal trademark coexistence agreement recognises the rights of both parties to use the trademarks contained in the agreement for marketing purposes. The agreement can contain a division of regions in which enterprises party to the agreement may use the trademark, methods in which the trademark may be used, or classes of goods and services that the trademark may be used for (in conjunction with the

Madrid System for the International Registration of Marks #redirect Madrid system World Intellectual Property Organization treaties Treaties concluded in 1989 Treaties entered into force in 1995 1989 in Spain Treaties entered into by the African Intellectual Property Organization Treaties of Albani ...

Content

A trademark coexistence agreement should clearly contain: any parties to the agreement, the specified trademarks or logos which are to coexist, an understanding as to which domain names each party is using, a list of areas and geographical areas that the trademarks or logos where coexistence is allowed and not allowed, and any relevant plans for the expansion of the enterprise. Additionally, the coexistence agreement should contain the start and end dates of the agreement, a clause establishing the jurisdiction of the agreement and a dispute resolution clause.

Public interest and antitrust regulations

Public interest must be considered when entering into a trademark coexistence agreement. This often applies in situations such as if two medical companies bore the same trademark for unique products, as this could lead to confusion and have serious impacts on consumers. Companies must also consider antitrust regulations. Courts may find that similar trademarks may affect competition in the marketplace.

References

{{Trademark law Trademark law