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]