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Trademark Co Existence Agreement
"I need a Trademark Co-Existence Agreement for my retail clothing brand to coexist with a similar-named sportswear company, where we'll operate in different Benelux countries and need to include specific provisions about online sales and social media usage, with the agreement to take effect from March 2025."
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
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
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
Retail
Consumer Goods
Technology
Pharmaceuticals
Food and Beverage
Fashion and Luxury Goods
Entertainment
Financial Services
Professional Services
Manufacturing
Telecommunications
Software and Digital Services
Healthcare
Hospitality
Automotive
Legal
Intellectual Property
Brand Management
Marketing
Corporate Affairs
Business Development
Risk Management
Compliance
International Trade
Executive Leadership
Intellectual Property Counsel
Legal Director
Brand Protection Manager
Chief Legal Officer
Trademark Attorney
General Counsel
Commercial Director
Brand Manager
Marketing Director
Chief Executive Officer
Business Development Manager
Risk Management Officer
Compliance Officer
International Trade Counsel
Corporate Counsel
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