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Coexistence Agreement Template for Australia

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Key Requirements PROMPT example:

Coexistence Agreement

"I need a Coexistence Agreement between my Australian tech company 'BlueSky Solutions' and a UK company 'BlueSky Digital' to allow both companies to use their marks in their respective territories, with provisions for digital marketing and online presence, to be effective from March 2025."

Document background
A Coexistence Agreement becomes necessary when two or more parties discover they are using similar trademarks in the Australian market or internationally, but believe their brands can coexist without causing consumer confusion. This document, governed by Australian law, particularly the Trade Marks Act 1995 (Cth) and related regulations, outlines specific terms for trademark usage, including territorial boundaries, market sectors, and visual presentation requirements. The agreement helps avoid potential litigation while allowing both parties to maintain their brand identity and market presence. It typically includes detailed specifications of the marks, usage guidelines, quality control measures, and dispute resolution procedures. This type of agreement is particularly relevant when parties operate in different market segments or geographical areas, or when their marks have sufficient distinguishing features despite similarities.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement, including their legal names, registration details, and addresses

2. Background: Context of the dispute or potential conflict, description of the respective trademarks, and the parties' desire to coexist

3. Definitions: Definitions of key terms used throughout the agreement, including specific descriptions of the marks, territories, and goods/services

4. Acknowledgment of Rights: Mutual recognition of each party's rights in their respective trademarks

5. Scope of Use: Detailed provisions regarding how each party may use their marks, including territorial limitations and goods/services restrictions

6. Restrictions and Prohibitions: Specific limitations on how the marks can be used, including visual presentation, marketing, and brand guidelines

7. Quality Control: Standards for maintaining quality of goods/services to protect the reputation of both brands

8. Infringement by Third Parties: Procedures for dealing with third-party infringement and cooperation between parties

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Dispute Resolution: Procedures for resolving disputes between the parties

11. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

Optional Sections

1. Marketing and Advertising: Specific provisions for marketing activities and advertising guidelines, used when parties need detailed rules about promotional activities

2. Social Media Usage: Guidelines for social media presence and usage, important when both parties have significant online presence

3. Geographic Expansion: Procedures for handling expansion into new territories, relevant when parties anticipate future market expansion

4. Registration Cooperation: Provisions for mutual assistance in trademark registration processes, useful when parties need to coordinate future trademark applications

5. Assignment and Licensing: Rules regarding the ability to assign or license the marks to third parties, important when parties anticipate future corporate transactions

6. Internet Usage and Domain Names: Specific provisions for online presence and domain name usage, crucial for businesses with significant online operations

Suggested Schedules

1. Schedule A - Trademark Specifications: Detailed descriptions and representations of each party's trademarks, including registration numbers and classes

2. Schedule B - Territorial Restrictions: Maps or detailed descriptions of permitted territories for each party's trademark usage

3. Schedule C - Goods and Services: Comprehensive list of goods and services covered by the agreement for each party

4. Schedule D - Brand Guidelines: Specific requirements for visual presentation, spacing, and usage of the marks

5. Schedule E - Contact Details: List of key contacts and notice details for both parties

6. Appendix 1 - Existing Registrations: Complete list of existing trademark registrations and applications owned by each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses






























Relevant Industries

Retail

Consumer Goods

Technology

Fashion and Apparel

Food and Beverage

Pharmaceuticals

Financial Services

Entertainment

Professional Services

Manufacturing

Software and Technology

Hospitality

Media and Communications

Relevant Teams

Legal

Intellectual Property

Marketing

Brand Management

Business Development

Commercial

International Operations

Compliance

Corporate Affairs

Risk Management

Relevant Roles

Intellectual Property Lawyer

Trademark Attorney

Legal Counsel

Brand Manager

Chief Legal Officer

Intellectual Property Manager

Commercial Director

Business Development Manager

Marketing Director

Corporate Counsel

Chief Executive Officer

Chief Marketing Officer

Compliance Officer

International Business Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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