If a co-existence agreement is to be concluded, it is essential that it be developed with skill. A court may refuse a co-existence agreement if it does not provide enough information to avoid confusion and if the court considers that consumer confusion is inevitable. In addition, many areas should be addressed in a co-existence agreement to avoid future conflicts. These areas include: (1) the right to extend the product or territory; (2) who is entitled to domain or user names on social networks or to change the brand; (3) who has the right to license or cede the mark; (5) who has the right to conduct international transactions and file international trademarks; (6) what happens if a party renounces its rights; (7) how long the agreement will last; and (8) what is if one party violates the discharge that the other party will receive and if it argues over where the parties will use. USPTO AUDIT lawyers are not required to face their risk of confusion 2 (d) if presented with a co-existence agreement. But where they are well formulated, they can overcome many problems of confusion. A co-existence agreement is therefore not a miracle weapon, but in many cases it helps to overcome a refusal 2 (d). NAME WARDEN Form of the brand coexistence agreement. Do you need help getting started? Download our brand co-existence agreement, for example.
What should be included in the approval and coexistence agreements? Although there are several situations where a co-existence agreement is a fair compromise for two parties using similar or identical marks. There are also situations where one party has a lot to gain and the other party has a lot to lose. If, for example.B. a party is the primary user and the declarator of a trademark and is approached by a young user of a similar or identical brand in a related sector, the elderly user would have little incentive to enter into a co-existence agreement. Co-existence agreements could have negative effects on the parties` trademarks and legal rights. Brand rights can be watered down, which can make it more difficult to implement your brand against third parties. The value of your brand can have a negative effect due to dilution and weakened trademark rights. In addition, you could limit the expansion of your business by allowing the use of a similar or identical brand.
Since you cannot control the quality of the other party`s goods or services, they could develop a bad reputation and suffer their brand and goodwill. Unless the product campaign is limited to certain countries, the parties should think about how and when they navigate other jurisdictions through approval issues. In some cases, it is helpful to deal with all of these issues in advance. If this is the case, it is preferable to include in the underlying co-existence agreement a provision stipulating that the parties will cooperate in good faith to provide the necessary documents in other countries. At other times, one of the parties wants to save the additional national debate for another day, and the co-existence agreement should be expressly limited to the country concerned. A trademark agreement is usually a simple contract by which a party agrees to authorize the use and/or registration of a trademark that overlaps with another party. The parties also state that their brands are not confusing to consumers. Often, this type of agreement is used when a company has received or is anticipating a refusal to register by the USPTO (U.S. Patent and Trademark Office). The USPTO reviews many relevant factors and evidence before reaching a conclusion regarding the approval of a trademark.