In November 2019, a client contacted us, who has filed an application for registration of a European Union trademark. The client has received a notification letter that opposition would be filed within the stipulated period if the application has not been withdrawn. Our client hired us and we prepared a proposal letter for concluding a trademark coexistence agreement, which proposal letter we have sent to the proprietor of the earlier mark, as well as to the law firm of the proprietor of the earlier mark. A few days later, we received a response from my law firm that the proprietor of the earlier mark has agreed to a trademark coexistence agreement to be signed between the parties. Therefore, we started drafting the trademark coexistence agreement. The agreement we have prepared was approved by the proprietor of the earlier mark and contains the following information, namely:
– a starting date and end date;
– clear identification of the parties;
– clear identification of the trademarks;
– a complete list of goods and services for which the trademarks shall be used;
– areas the parties operate;
– likelihood of confusion;
– rights and obligations of the parties;
– geographical locations where the parties are allowed and respectively not allowed to operate in;
– a consequence of non-use;
– termination clauses;
– dispute resolution clause;
– governing law clause.
Thanks to our support the European Union trademark of our client has been registered and opposition has been avoided.