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A Coexistence Agreement is essential when two or more parties discover they are using similar trademarks and wish to formalize their concurrent use rather than engage in litigation. This document is particularly relevant in India's growing business environment where trademark conflicts are increasingly common. The agreement, governed by Indian trademark and contract law, typically includes detailed provisions about territorial boundaries, market segments, and specific usage guidelines. It serves as a cost-effective alternative to trademark litigation and provides clarity on how similar marks can coexist in the marketplace. The document should be used when parties have identified potential trademark conflicts but believe their businesses can operate without causing consumer confusion, provided clear boundaries are established.

1. Parties: Identification of all parties to the agreement, including full legal names and registered addresses

2. Background: Context of the trademark dispute or potential conflict, and intention to coexist

3. Definitions: Definitions of key terms including relevant trademarks, territories, and technical terms used in the agreement

4. Acknowledgment of Rights: Recognition of each party's trademark rights and validity

5. Terms of Coexistence: Core terms specifying how the parties will coexist, including territorial and market boundaries

6. Restrictions and Permissions: Specific limitations and permissions regarding trademark usage

7. Quality Control: Standards for maintaining trademark quality and brand reputation

8. Non-Challenge Provisions: Commitment not to challenge each other's trademark rights

9. Duration and Termination: Term of the agreement and conditions for termination

10. Dispute Resolution: Procedures for resolving disputes between parties

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