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Trademark Co Existence Agreement Template for United States

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Key Requirements PROMPT example:

Trademark Co Existence Agreement

"Need a Trademark Co-Existence Agreement between my tech company and a similar-named competitor, specifically covering our AI software products in the US market and establishing clear boundaries for our social media presence and online marketing."

Document background
A Trademark Co-Existence Agreement becomes necessary when two or more parties discover they have similar trademarks that could potentially cause confusion in the marketplace. Rather than pursuing costly litigation, parties can use this agreement to establish clear boundaries for trademark usage, including geographic territories, market sectors, and specific use cases. Under U.S. trademark law, these agreements are recognized by the USPTO and courts as valid mechanisms for resolving potential trademark conflicts, provided they don't create consumer confusion. The agreement typically includes detailed provisions about brand usage, quality control, and dispute resolution mechanisms.
Suggested Sections

1. Parties: Identification of contracting parties and their legal status

2. Background: Context of trademark dispute/overlap and reason for agreement

3. Definitions: Key terms including relevant trademarks, territories, and business activities

4. Scope of Agreement: Permitted uses and restrictions for each party's marks

5. Territory Restrictions: Geographic limitations for trademark usage

6. Quality Control: Standards for trademark usage and brand protection

7. Term and Termination: Duration and conditions for ending agreement

Optional Sections

1. Online Usage Provisions: Digital marketing and domain name provisions - used when parties have significant online presence

2. Future Marks: Handling of new trademark applications - used when parties anticipate brand expansion

3. International Provisions: Cross-border considerations - used for international operations

Suggested Schedules

1. Schedule A - Trademark Specifications: Detailed list of relevant trademarks and registrations

2. Schedule B - Territorial Map: Visual representation of geographic restrictions

3. Schedule C - Brand Guidelines: Specific usage requirements and restrictions

4. Schedule D - Approved Products/Services: List of permitted goods and services under agreement

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

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Industries

Lanham Act: Primary federal trademark law (15 U.S.C. ยงยง 1051 et seq.) governing federal trademark registration, protection, infringement, remedies, and requirements for trademark use in commerce

Trademark Modernization Act 2020: Recent updates to federal trademark law including new examination procedures, challenge mechanisms, and processes for removing unused registered trademarks

Federal Trade Commission Act: Federal legislation containing provisions regarding unfair competition and consumer protection considerations in trademark usage

Sherman Act: Antitrust legislation ensuring trademark coexistence agreements don't create anticompetitive market conditions

Clayton Act: Antitrust legislation supplementing the Sherman Act, specifically addressing mergers and interlocking directorates that may affect trademark rights

State Trademark Laws: Various state-specific trademark protections and common law rights that may affect trademark coexistence within specific jurisdictions

Paris Convention: International treaty for Protection of Industrial Property providing trademark protection across member countries

Madrid Protocol: International treaty system allowing trademark owners to file one application and protect trademarks in multiple jurisdictions

TRIPS Agreement: International agreement establishing minimum standards for intellectual property regulation in WTO member countries

USPTO Guidelines: Administrative guidelines and procedures from the US Patent and Trademark Office governing trademark registration and maintenance

FTC Guidelines: Federal Trade Commission guidelines on competition and fair trade practices affecting trademark coexistence

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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