Tips for Negotiating a Trademark Coexistence Agreement

Tips for Negotiating a Trademark Coexistence Agreement Brands register their trademarks in order to stop other companies for using them and creating confusion or competition in the market. Sometimes, however, two companies may be using a very similar mark without even being aware of it. This can happen when the two businesses are trading in different geographic areas, or are providing two completely different and unrelated services. For instance, “Bands-R-Us” could be both a company selling wedding rings in California and a service that books jazz quartets in New York. Each company could have established rights to their brand, but be potentially at odds if they start moving into each other’s market. Coexistence agreements are contracts that attempt to resolve these types of potential trademark disputes. They are usually drafted to either settle a conflict or stop one from arising. Consent Agreements Sometimes, coexistence agreements take the form of a…

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