Trade mark coexistence agreements
Trade mark coexistence agreements

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trade mark coexistence agreements
  • What is a coexistence agreement?
  • Brexit
  • Key points of consideration
  • Key terms of the agreement
  • Parties
  • Goodwill and intellectual property rights
  • Term and termination
  • Obligations
  • Cessation of disputes
  • More...

This Practice Note provides practical guidance on trade mark coexistence agreements, detailing when these might be used and key points to consider when drafting them. It also sets out guidance on the key terms to be included in coexistence agreements. It is designed to be used alongside the Precedent: Trade mark coexistence agreement and Trade mark coexistence agreement—checklist.

What is a coexistence agreement?

A trade mark coexistence agreement may be used where the owners of separate, similar or identical trade marks, which could give rise to confusion, agree to clarify the circumstances under which the respective marks may be used and/or registered so as to reduce the risk of confusion, settle any disputes between them and/or avoid future disputes. The rationale behind such an agreement is therefore that both parties set out the terms upon which their marks may peacefully ‘coexist’ without either party arguing that their respective trade mark rights are infringed.

For further information on infringement of trade marks, see Practice Note: Trade mark infringement.

In broad terms, parties to a coexistence agreement will usually agree to limit their use and/or registration of the marks to a particular territory and in connection with specific classes of goods and services only.

Brexit

This Practice Note refers to both UK trade mark registrations and EU trade mark registrations (EUTMs) and includes references to both UK and EU case law and

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