Trademark Co-existence Statements

Given the rising number of new businesses each year and their inclination for rapid expansion, it is not unusual for multiple brands to unknowingly use similar trademarks causing infringement. The coexistence of trademarks occurs when multiple trademarks, sharing similar or identical elements, are permitted to coexist and be registered and used in the same market without causing consumer confusion or diminishing the distinctive nature of either trademark. Trademark co-existence agreements provide practical solutions for two parties who want to use similar or identical trademarks without infringing each other’s rights. These agreements are especially valuable in cases where trademarks may be used in various geographic regions or market sectors, which helps minimise the chances of consumer confusion. Our team of intellectual property attorneys specialise in drafting Trademark Co-Existence Statements and Agreements which clearly defines rights and obligations of each party, includes geographic limitations, usage guidelines, and specific product or service categories that safeguard your rights and promote harmonious coexistence with other trademark holders. We at LexGeneris, conduct comprehensive analyses to evaluate the potential risks and benefits of entering into a co-existence agreement, ensuring that your trademark maintains its distinctiveness and that the agreement does not undermine your brand’s legal position.

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