Through the trademark watch service performed for our Client, a well-known manufacturer and distributor of goods – wholefoods, organic foods and other natural stuff in FMCG sector, we have identified a very similar trademark filed at the EUIPO, covering similar goods but used in different branches – as an ingredient and not as a final product.
Thus, we have advised the Client and proposed to the counterparty a coexistence agreement where each party should clearly undertake to use its trademarks only for the described sector of interest (ingredient for the counterparty and final products for our Client). Finally, both parties succeeded to keep their businesses safe and without any fear of future infringement by concluding the proposed coexistence.
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