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Coexistence Agreement

Coexistence Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Coexistence Agreement

"I need a Coexistence Agreement between my Hong Kong technology company 'SmartTech Solutions Limited' and a UK company using a similar trademark, where we agree they can use their mark in Europe while we retain rights in Asia, to be effective from March 2025."

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Document background
A Coexistence Agreement is essential when two or more parties discover they have similar trademarks but wish to avoid litigation and establish clear boundaries for peaceful coexistence. This document is particularly relevant in Hong Kong's dynamic business environment where international companies frequently encounter trademark similarities. It should be used when parties have similar but distinguishable marks and can reasonably operate in different markets, territories, or business sectors without causing consumer confusion. The agreement typically includes specific provisions about trademark usage, territorial restrictions, business activity limitations, and quality control measures. Under Hong Kong law, this agreement must comply with the Trade Marks Ordinance (Cap. 559) and competition laws, while providing clear mechanisms for enforcement and dispute resolution.
Suggested Sections

1. Parties: Identifies the contracting parties and their registered addresses

2. Background: Sets out the context of the agreement, including each party's trademark rights and the nature of the potential conflict

3. Definitions: Defines key terms used throughout the agreement, including specific trademarks, territories, and relevant business activities

4. Scope of Agreement: Defines the specific terms of coexistence, including permitted uses and restrictions

5. Territorial Rights: Specifies the geographic regions where each party may use their marks

6. Permitted Use of Marks: Details how each party may use their respective marks, including any style, size, or format requirements

7. Restrictions: Outlines prohibited uses and activities for both parties

8. Quality Control: Sets standards for maintaining product/service quality to prevent reputation damage

9. Non-Challenge Provisions: Commitments not to challenge each other's trademark rights

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

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

Optional Sections

1. Online Usage: Specific provisions for use of marks in domain names, websites, and social media - include when digital presence is relevant

2. Future Marks: Provisions for handling new trademark applications - include when parties anticipate expanding their trademark portfolio

3. Marketing Coordination: Procedures for coordinating marketing activities - include when parties operate in overlapping markets

4. Dispute Resolution: Specific procedures for resolving future disputes - include when parties want alternative dispute resolution mechanisms

5. Assignment and Licensing: Rights to assign or license marks to third parties - include when parties may need flexibility in corporate restructuring

6. Customs and Border Control: Provisions for customs registration and enforcement - include when cross-border trade is relevant

Suggested Schedules

1. Schedule 1 - Trademarks: Detailed list of all relevant trademarks, including registration numbers and status

2. Schedule 2 - Territories: Detailed mapping of permitted territories for each party

3. Schedule 3 - Approved Usage Examples: Visual examples of acceptable and unacceptable uses of the marks

4. Schedule 4 - Notification Details: Contact information and procedures for required notifications

5. Appendix A - Brand Guidelines: Specific guidelines for visual representation of marks when relevant

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































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Relevant Industries

Retail

Consumer Goods

Fashion and Luxury

Technology

Food and Beverage

Pharmaceuticals

Financial Services

Media and Entertainment

Manufacturing

Professional Services

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

International Business Development

Compliance

Executive Leadership

Corporate Communications

Business Strategy

Commercial Operations

Relevant Roles

Legal Counsel

Intellectual Property Attorney

Brand Manager

Chief Legal Officer

Trademark Attorney

Commercial Director

Chief Executive Officer

International Business Development Manager

Marketing Director

Compliance Officer

General Counsel

IP Portfolio 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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