Brand Coexistence Agreements

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. Sometimes co-existence agreements are concluded in the form of a proactive approval agreement. There one party agrees to register the other party type mark with strict restrictions. A company called «XBoard,» for example, could sell surfboards in Florida and not worry about a small Vermont company that makes a children`s board game called «XBoard.» You may be happy to allow the Vermont company to register the «XBoard» brand as long as they stick to the toys and stay out of the sporting goods market. An approval agreement between the two brands will both avoid potential litigation and assist the registration process. The issue for trademark holders is high when it comes to drafting consent and co-existence agreements. A TM lawyer can help overcome the denial of a trademark application and protect property interests in the development and negotiation of co-existence agreements. A co-existence agreement is used when the contracting parties consider that consumers are not confused as to the origin of the parties` products and/or services, as long as both parties comply with the terms of the agreement. A well-developed co-existence agreement should include, among other things: 1) geographical boundaries to the use of trademarks and the possibility of expanding their activities in the future; 2) where parties can apply for trademark rights abroad; and 3) restrictions on the use of social media and the registration of Internet domain names. A proposed lawyer for TM Lawyer or a review of the co-existence agreement will help to avoid future conflicts over the validity of its constituent conditions.

A trademark co-existence agreement is an agreement between two parties to use a similar trademark for marketing purposes without interfering with the other party`s businesses. Such agreements are often concluded because the parties require only the regional use of their trademarks and, therefore, the use of a trademark by other companies will not harm their activities. Co-existence agreements may also include designs, copyrights and even patents. [Citation required] What should be included in the approval and coexistence agreements? A co-existence agreement may be used if one of the parties is aware that another company is marketing a trademark or is about to harm its customers or harm its business, or if one of the parties is concerned that a competitor is attempting to register a trademark that could make it more difficult to expand the party`s business. Co-existence agreements work in the same way as approval agreements in relation to the weight they have given to the USPTO. The more detailed and restrictive the agreement, the more likely it is that the USPTO will maintain its validity and authorize the simultaneous use of trademarks.