This Practice Note provides practical guidance on trade mark coexistence agreements, detailing when these might be used and key points to consider when drafting them. It also sets out guidance on the key terms to be included in coexistence agreements. It is designed to be used alongside the Precedent: Trade mark coexistence agreement and Trade mark coexistence agreement—checklist.
A trade mark coexistence agreement may be used where the owners of separate, similar or identical trade marks, which could give rise to confusion, agree to clarify the circumstances under which the respective marks may be used and/or registered so as to reduce the risk of confusion, settle any disputes between them and/or avoid future disputes. The rationale behind such an agreement is therefore that both parties set out the terms upon which their marks may peacefully ‘coexist’ without either party arguing that their respective trade mark rights are infringed.
For further information on infringement of trade marks, see Practice Note: Trade mark infringement—UK.
In broad terms, parties to a coexistence agreement will usually agree to