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Define Trademark Coexistence Agreement
A Trademark Coexistence Agreement is a legally binding agreement between two parties who have similar or identical trademarks or trade names and who agree to use their respective marks or names without interfering with each other’s rights.
In this type of agreement, both parties acknowledge that their respective marks or names can coexist in the marketplace without causing confusion among consumers. The agreement typically sets out the terms and conditions under which each party may use their mark or name, as well as any limitations on the use of the mark or name.
Trademark Co-existence agreements are often used when two companies operate in the same industry or market and have similar trademarks or trade names. Instead of engaging in costly legal battles over trademark infringement, the parties can negotiate a co-existence agreement that allows them to use their marks or names while minimizing the risk of confusion among consumers.
Key Components Of A Successful Co-existence Agreement For Trademark Use
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The use of the domain name, media use of the trademark,
and any modifications made to the mark. -
Whether international use of the trademark is permissible,
and under what conditions - The rights and responsibilities if one party abandons the use or rights to the copyright
- Consequences for breaches of the co-existence agreement
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Which party has the right to use the trademark when expanding territory or
product line - The licensing or assigning of the mark to third parties
- The enforcement of all provisions
- Venue selection to settle disputes
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Trademark Assured made the process of registering my trademark so easy and stress-free. They were extremely helpful throughout the process and their team was very responsive to all of my questions. I highly recommend their services to anyone looking to protect their brand.
