What is real
is not external form.



CONSTANTIN BRANCUSI

Why should you think about a coexistence agreement

26.06.2018


Trademarks are often used by many “good faith” companies, but once a business grows, there is a risk of trademark infringement. Let’s see how such a situation could be avoided.

We recently managed to negotiate a coexistence agreement for one of our French customers that offers an innovative technological solution for the global medical industry.

We have observed that the brand of our customers is used identically by a German company with more or less the same field of activity, so we managed to negotiate a coexistence agreement for both brands.

The purpose of such an agreement is that brands are often used by several companies, but the absence of a formal agreement does not undermine the companies that use the brand as they are in different parts of the world.

However, as businesses grow, both parties may have substantial rights to use the mark. In some cases, companies that develop and use the same or a similar brand generally enter into a coexistence agreement in order to avoid the use of the trademark in an undesirable or counterfeit manner.

Coexistence agreements can offer practical solutions to companies who fear being sued for trademark infringement, as proactive agreements can avoid the high costs of litigation.

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We have assisted our Client, a manufacturer of wooden toys, in the process of preparing the most suitable trademark filing strategy. We applied at EUIPO for a trademark application in classes 28 and 35 and took all necessary steps for protecting his brand and develop its business in the European Union. The whole procedure was ( learn more )