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Trademark Co Existence Agreement

Trademark Co Existence Agreement Template for Switzerland

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Key Requirements PROMPT example:

Trademark Co Existence Agreement

"I need a Trademark Co-Existence Agreement between my Swiss pharmaceutical company and a German manufacturer, as we're both planning to use similar trademarks in the EU market from January 2025; the agreement should focus on clear territorial boundaries and different market segments."

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Document background
The Trademark Co-Existence Agreement is essential when two or more parties discover they have similar or potentially conflicting trademarks but wish to avoid litigation and agree to co-exist in the marketplace. This document, governed by Swiss law and compliant with international trademark conventions, becomes particularly relevant during trademark disputes, international expansion, or when similar marks are independently developed in different markets. It comprehensively addresses trademark usage rights, territorial restrictions, and quality control measures, providing a framework for peaceful commercial co-existence while protecting each party's brand value. The agreement is commonly used during merger due diligence, market expansion, or following trademark opposition proceedings, offering a practical solution to potential trademark conflicts.
Suggested Sections

1. Parties: Identification of the contracting parties and their registered addresses

2. Background: Context of the trademark dispute or potential conflict and parties' desire to co-exist

3. Definitions: Key terms including the respective trademarks, territories, and other important concepts

4. Grant of Rights: Mutual acknowledgment of rights and agreement to co-exist

5. Scope of Agreement: Detailed parameters of allowed trademark usage for each party

6. Territorial Limitations: Geographic boundaries where each party may use their marks

7. Restrictions on Use: Specific limitations on how each party may use their marks

8. Quality Control: Standards to be maintained by each party in using their marks

9. Registration and Protection: Rights and obligations regarding trademark registration and maintenance

10. Non-Challenge Provisions: Agreement not to challenge each other's trademark rights

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Breach and Remedies: Consequences of breach and available remedies

13. General Provisions: Standard clauses including notices, governing law, and entire agreement

Optional Sections

1. Commercial Terms: Include when parties have additional business arrangements beyond trademark co-existence

2. Royalty Provisions: Required if one party is paying the other for trademark usage rights

3. Social Media Usage: Specific provisions for digital and social media presence when relevant

4. Future Marks: Provisions regarding new trademark applications by either party

5. Assignment Rights: Special provisions for transfer or assignment of rights, particularly relevant for corporate restructuring

6. Marketing Coordination: Procedures for coordinating marketing efforts to avoid confusion

7. Customs and Border Control: Provisions for coordinating with customs authorities, relevant for international trade

Suggested Schedules

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

2. Schedule 2 - Territorial Map: Map or list defining exact geographical boundaries for trademark usage

3. Schedule 3 - Approved Usage Examples: Examples of acceptable and unacceptable trademark usage

4. Schedule 4 - Contact Details: Key contacts for notices and coordination between parties

5. Schedule 5 - Quality Control Standards: Detailed quality standards and monitoring procedures

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

7. Appendix B - Prohibited Uses: Specific examples of prohibited trademark uses by either party

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions









































Clauses

































Relevant Industries

Consumer Goods

Retail

Technology

Pharmaceuticals

Food and Beverage

Fashion and Luxury

Electronics

Entertainment

Financial Services

Telecommunications

Manufacturing

Healthcare

Software and Digital Services

Media and Publishing

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

International Trade

Business Development

Compliance

Corporate Affairs

Risk Management

Commercial Operations

Relevant Roles

General Counsel

Intellectual Property Counsel

Trademark Attorney

Legal Director

Brand Manager

Chief Legal Officer

IP Portfolio Manager

Commercial Director

Chief Executive Officer

Marketing Director

Business Development Manager

International Trade Counsel

Compliance Officer

Risk 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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