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Trademark Concurrent Use Agreement Template for United States

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Key Requirements PROMPT example:

Trademark Concurrent Use Agreement

"Need a Trademark Concurrent Use Agreement for our software company to coexist with another business using a similar trademark in different states, where we'll operate in the western US and they'll operate in the eastern US, starting January 2025."

Document background
The Trademark Concurrent Use Agreement is essential when two or more businesses need to legally coexist while using similar or identical trademarks. This typically occurs when different companies have developed trademark rights in distinct geographic areas or markets. Under U.S. trademark law, this agreement provides a framework for peaceful coexistence, defining territorial boundaries, usage rights, and quality control measures. It helps prevent costly litigation and provides clarity on each party's rights and obligations while ensuring compliance with federal and state trademark regulations.
Suggested Sections

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

2. Background/Recitals: Context of the agreement, including existing trademark rights and reason for concurrent use

3. Definitions: Key terms used throughout the agreement, including marks, territory, and field of use

4. Grant of Rights: Specific terms of concurrent use, including geographic boundaries and limitations

5. Quality Control: Standards for trademark usage and quality maintenance

6. Term and Termination: Duration of agreement and conditions for termination

7. Dispute Resolution: Procedures for handling disputes between parties

Optional Sections

1. International Rights: Provisions for international trademark usage when parties operate in multiple countries

2. Digital Usage: Terms for online presence and domain names when parties have significant online presence

3. Marketing Coordination: Procedures for coordinating marketing efforts when parties operate in adjacent markets

Suggested Schedules

1. Schedule A - Trademarks: Detailed list of relevant trademarks and registration numbers

2. Schedule B - Territory Maps: Geographic maps showing agreed territories for each party

3. Schedule C - Quality Standards: Detailed quality control standards and specifications

4. Schedule D - Approved Uses: Examples of approved trademark usage and formatting

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. �� 1051 et seq.) governing trademark registration and protection, particularly Section 2(d) on concurrent registration, Section 22 on constructive notice, and Section 33(b)(5) on prior use defenses

TMEP: Trademark Manual of Examining Procedure - comprehensive guide for USPTO trademark examination policies and procedures relevant to concurrent use agreements

USPTO Rules: 37 CFR Part 2 - Rules of Practice in Trademark Cases that govern trademark registration procedures and concurrent use requirements

State Trademark Laws: Individual state statutes governing trademark rights and protection within state jurisdictions, including state-specific unfair competition and consumer protection provisions

Common Law Principles: Uncodified legal principles including common law trademark rights, contract law fundamentals, and geographic scope considerations that affect concurrent use agreements

Paris Convention: International treaty providing trademark protection across member countries, relevant when concurrent use agreement has international implications

Madrid Protocol: International treaty system allowing trademark owners to file one application to protect their marks in multiple countries, pertinent for international concurrent use considerations

TRIPS Agreement: Agreement on Trade-Related Aspects of Intellectual Property Rights, establishing minimum standards for intellectual property regulation in WTO member countries

Geographic Territory Provisions: Legal requirements for clearly defining and enforcing geographic boundaries in concurrent use agreements

Quality Control Requirements: Legal standards for maintaining trademark quality and consistency across different users in concurrent use situations

Dispute Resolution Framework: Legal requirements and options for establishing dispute resolution mechanisms in concurrent use agreements

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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