Trade mark coexistence agreement
Produced in partnership with Melanie Worsdall of CMS Cameron McKenna Nabarro Olswang LLP
Trade mark coexistence agreement

The following IP precedent produced in partnership with Melanie Worsdall of CMS Cameron McKenna Nabarro Olswang LLP provides comprehensive and up to date legal information covering:

  • Trade mark coexistence agreement
  • Background
  • 1 Definitions and interpretation
  • 2 Term and termination
  • 3 Obligations
  • 4 Cessation of disputes
  • 5 Warranties
  • 6 Entire agreement
  • 7 Notices
  • 8 Force majeure
  • More...

This Agreement is made on [insert date] (the Commencement Date)

Parties

  1. 1

    [insert name], [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party A); and

  1. 2

    [insert name], [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party B) (each of Party A and Party B being a party and together Party A and Party B are the parties).

Background

    1. (A)

      Party A is the [registered] proprietor of certain trade marks covering [describe goods/services to which Party A’s trade marks relate] as set out in Schedule 1.

    1. (B)

      Party B is the [registered] proprietor of certain trade marks covering [describe goods/services to which Party A’s trade marks relate] as set out in Schedule 1.

    1. (C)

      Each party wishes to enter into a coexistence agreement in respect of certain trade marks as set out on the terms of this Agreement to settle their current dispute and to avoid any disputes in the future.

    1. (D)

      [insert other details of the parties’ past relationship including details of any court litigation or invalidity, revocation or opposition proceedings before the trade mark registries, and domain name complaints as appropriate.]

The parties agree:

    1. 1

      Definitions and interpretation

      1. 1.1

        In this Agreement:

        Affiliate

        1. means any entity that directly or indirectly controls, is controlled by

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