Trade Mark Co-Existence Agreement

“Polo. The car with the hole by Ralph Lauren.”

This Trade Mark Co-Existence Agreement is designed for situations where two similar trade marks may be used without confusion if each party agrees clear limits on their use.

Trade marks can often co-exist peacefully where they are used for different goods or services. Problems arise where similar marks may confuse consumers, or where future business growth could create overlap between the parties’ markets.

When can a trade mark co-existence agreement help?

Where there is a risk of confusion, trade mark owners may oppose an application, wait and take action later, or agree how both marks can be used.

This agreement provides a structured way to manage that risk and reduce the potential for trade mark infringement or passing-off claims.

Mutual undertakings and permitted trade mark use

The agreement is typically used where one party has an established trade mark and another party wants to establish a new trade mark.

Both parties give mutual undertakings that allow them to continue using their marks. In some cases, the established trade mark owner may require limited changes to the classes of goods or services covered by the newer party’s trade mark application.

• The established trade mark is identified.
• The new trade mark is identified.
• Any required modifications to the new trade mark application can be set out.

Why balanced undertakings matter

No money changes hands under this agreement. The contractual consideration is the mutual undertakings and promises given by the parties.

Care should therefore be taken to keep the undertakings balanced and avoid a one-sided result.

Trade Mark Co-Existence Agreement is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.