Trademark coexistence agreements

Trademark coexistence agreements

As litigation can be costly and time consuming, parties to a trademark dispute often prefer to negotiate a compromise and draw up a coexistence agreement. This means that the relationship between the two parties and their trademarks will be regulated by contract. The content of the contract will be specifically drafted to suit the circumstances.

A typical situation in which a coexistence agreement may be drawn up is when two trademark names are the same or extremely similar but the products can be differentiated, meaning that there is less of chance of the two becoming confused.

A coexistence agreement will often contain a clause that neither party is permitted to be active in the other’s product or service field.

We will be happy to advise you on finding an out-of-court solution for dispute and can represent your interests when drafting a coexistence agreement.

Would you like to register a trademark? Do you have general questions about trademark law? We are here to help.

German lawyers Kilian Kost and the expert team at WILDE BEUGER SOLMECKE are available to answer your questions. Call us on +49 (0) 221 / 951 563 0.

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Christian Solmecke is a partner at the law firm WILDE BEUGER SOLMECKE. He is the author of numerous legal publications in the area of internet and IT law. He is also an associate lecturer for social media law at the Cologne University of Applied Sciences.

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