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Trademark Co Existence Agreement Template for Belgium

A legally binding agreement governed by Belgian law that establishes the terms under which two or more parties with similar trademarks can coexist in the marketplace without infringing upon each other's intellectual property rights. The agreement, subject to both Belgian national law and Benelux trademark regulations, defines the specific territories, goods, and services for which each party may use their respective marks, and establishes protocols for avoiding consumer confusion and future disputes. It includes detailed provisions for trademark usage, mutual obligations, and dispute resolution mechanisms, all within the framework of Belgian and EU trademark legislation.

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What is a Trademark Co Existence Agreement?

A Trademark Co-Existence Agreement becomes necessary when two or more parties discover they have similar trademarks but wish to avoid litigation by agreeing to specific terms of coexistence. This document, governed by Belgian law and complying with Benelux trademark regulations, is particularly crucial in situations where companies operate in different territories or market segments but have potentially conflicting trademark rights. The agreement typically includes detailed provisions about geographical limitations, product/service specifications, and usage guidelines. It serves as a risk management tool by preventing future disputes and providing clarity on each party's rights and obligations. The document must comply with Belgian national law, Benelux trademark conventions, and relevant EU regulations, making it essential to have proper legal guidance in its preparation and execution.

What sections should be included in a Trademark Co Existence Agreement?

1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including details of the potentially conflicting trademarks and any existing disputes or proceedings

3. Definitions: Definitions of key terms including the respective trademarks, territories, goods/services, and other important terms used throughout the agreement

4. Grant of Rights: Mutual acknowledgment of rights and agreement to co-exist, including specific permissions and restrictions

5. Territorial Restrictions: Detailed specification of geographical areas where each party may use their respective marks

6. Scope of Goods and Services: Precise definition of the goods and services for which each party may use their marks

7. Mutual Undertakings: Commitments by both parties regarding the use of their respective marks and behavior in the marketplace

8. Future Trademark Applications: Agreement on how future trademark applications will be handled by both parties

9. Non-Challenge Provisions: Mutual agreements not to challenge or oppose each other's trademark rights within agreed parameters

10. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

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

12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for dispute resolution

13. General Provisions: Standard contractual provisions including notices, entire agreement, amendments, and severability

What sections are optional to include in a Trademark Co Existence Agreement?

1. Quality Control: Provisions for maintaining quality standards when relevant to protect trademark value and avoid consumer confusion

2. Existing Proceedings: Provisions dealing with withdrawal or settlement of existing opposition proceedings or disputes

3. Social Media Usage: Specific provisions regarding use of marks on social media platforms and digital channels

4. Assignment and Licensing: Terms governing whether and how parties can assign or license their marks to third parties

5. Marketing and Advertising: Specific provisions about how marks can be used in marketing materials and advertising

6. Domain Names: Provisions regarding registration and use of domain names incorporating the marks

7. Customs and Border Measures: Provisions for cooperation regarding customs enforcement and border measures

8. Transitional Provisions: Terms governing phase-out periods or transitional arrangements if needed

What schedules should be included in a Trademark Co Existence Agreement?

1. Schedule 1 - Trademark Specifications: Detailed specifications of both parties' trademarks, including registration numbers and visual representations

2. Schedule 2 - Permitted Territories: Detailed maps or lists of territories where each party may use their marks

3. Schedule 3 - Approved Goods and Services: Comprehensive list of goods and services covered by the agreement for each party

4. Schedule 4 - Usage Guidelines: Specific guidelines for how the marks may be used, including size, placement, and format requirements

5. Schedule 5 - Existing Registrations: List of all existing trademark registrations and applications owned by both parties

6. Appendix A - Form of Notice: Template for notices to be used in formal communications between parties

7. Appendix B - Contact Details: Detailed contact information for authorized representatives of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Cost

Free to use

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