What to keep in mind
Specify covered marks, goods, territories, presentation, digital uses, enforcement, successors and consequences of breach.
Vague or excessively broad commitments can transfer the dispute to new product lines or digital channels.
Distinctions often confused
A private coexistence agreement does not automatically guarantee a mark will be registered.
Frequently asked questions
Can two competitors sign a coexistence agreement?
Potentially, subject to trademark law and, where relevant, competition-law restrictions.
Will the agreement automatically bind every future owner of the trademark?
Its effect on successors requires careful drafting and documentation.
Informational content. It is not a substitute for professional advice.