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Trademark Coexistence Agreement Template: Brand Use Terms
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Trademark Coexistence Agreement Template
This Trademark Coexistence Agreement is made on [Date] by and between:
Party A: [Full Legal Name]
Address: [Address]
Party B: [Full Legal Name]
Address: [Address]
1. Purpose of Agreement
The parties enter into this Agreement to set out the terms under which each party may continue to use its trademark or trademarks without unnecessary conflict.
The parties wish to reduce confusion, define permitted use, and establish rules for coexistence in the marketplace.
2. Trademarks Covered
The following marks are covered by this Agreement:
Party A Mark(s): [Trademark name, registration number, application number, or description]
Party B Mark(s): [Trademark name, registration number, application number, or description]
Any logo, design mark, stylized form, slogan, or related branding covered by this Agreement should be described here:
[Insert details]
3. Permitted Use by Each Party
Party A may use its mark in connection with the following goods, services, or business activities:
[Describe permitted use]
Party B may use its mark in connection with the following goods, services, or business activities:
[Describe permitted use]
4. Territory and Market Scope
The parties agree to the following limits or permissions regarding territory, market, trade channels, or customer groups:
Party A Territory or Market: [Describe]
Party B Territory or Market: [Describe]
The parties may also limit use by:
☐ geography
☐ product category
☐ online channels
☐ retail channels
☐ customer type
☐ other: [Describe]
5. Restrictions on Use
Each party agrees not to use its mark in a way that exceeds the rights granted under this Agreement or creates unnecessary confusion.
The following restrictions apply:
[No use on certain goods or services]
[No misleading branding or packaging]
[No use of similar logo style, color, or presentation, if applicable]
[Other restrictions]
6. Quality and Presentation
Each party agrees to maintain reasonable quality in connection with the goods or services offered under its mark.
If the parties agree to any branding presentation rules, they are as follows:
[Insert logo, font, packaging, disclaimer, or presentation requirements]
7. No Challenge or Limited Challenge
The parties agree as follows regarding objections, oppositions, cancellations, or challenges to the marks covered by this Agreement:
☐ neither party will challenge the other party’s covered mark while this Agreement remains in effect
☐ challenges are limited as follows: [Describe]
☐ no waiver of rights except as expressly stated in this Agreement
8. Notice of Conflict or Third-Party Claims
If either party becomes aware of a third-party claim, objection, infringement issue, or confusion related to the covered marks, that party shall notify the other party within [Number] days.
The parties shall handle cooperation, if any, as follows:
[Describe notice and cooperation terms]
9. Term and Termination
This Agreement shall begin on [Date] and shall continue:
☐ indefinitely
☐ until [Date]
☐ until terminated under the following conditions: [Describe]
A party may terminate this Agreement if the other party materially breaches its terms and fails to cure the breach within [Number] days after written notice.
10. Effect of Termination
If this Agreement ends, the parties’ rights and obligations shall be handled as follows:
[Describe phase-out period, continued restrictions, notice obligations, or other terms]
Any provisions intended to survive termination shall remain effective as allowed by law.
11. Governing Law
This Agreement shall be governed by the laws of the state or country of [State/Country].
12. Entire Agreement
This Agreement contains the full understanding between the parties regarding coexistence of the covered marks and replaces prior discussions or understandings on that subject, unless otherwise stated in writing.
13. Signatures
Party A Signature: __________________________
Name: [Full Name]
Title: [Title]
Date: [Date]
Party B Signature: __________________________
Name: [Full Name]
Title: [Title]
Date: [Date]
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Trademark Coexistence Agreement Template: Brand Use Terms
TRADEMARK COEXISTENCE AGREEMENT TEMPLATE FAQ
What is a trademark coexistence agreement?
A trademark coexistence agreement is a written agreement between two parties that use similar or potentially conflicting trademarks and want to avoid disputes by setting clear rules for continued use. It usually explains which marks each party may use, where and how they may be used, and what restrictions apply to reduce confusion in the marketplace.
Why do you need a trademark coexistence agreement?
You need a trademark coexistence agreement when two businesses want to manage the risk of trademark conflict without forcing one side to stop using its brand entirely. It helps define the boundaries between the marks, reduce the chance of consumer confusion, and create a written record of how both parties will operate going forward.
When should you use a trademark coexistence agreement?
Use a trademark coexistence agreement when two parties own or use similar marks and want to settle a dispute, avoid opposition or infringement claims, or support parallel use in different markets, territories, products, or channels. It is especially useful when both sides want a business solution instead of prolonged conflict.
How to write a trademark coexistence agreement?
Start with the names of the parties and identify the trademarks covered by the agreement. Then describe the permitted use for each mark, including territory, goods or services, channels of trade, branding style, and any restrictions. Finish with terms covering quality control, enforcement, notice of conflicts, duration, governing law, and signatures so the arrangement is clear and workable.
Can AI Lawyer help if brand owners, counsel, and marketing teams all need to review?
AI Lawyer can help by organizing the agreement into clear sections so each reviewer can find the relevant details quickly. It can also add reference fields, notes, and placeholders that make updates easier to track. A consistent structure helps reduce repeated edits and lowers the chance of missing key trademark, territory, or usage terms before the agreement is signed.
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