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Coexistence Agreement

Coexistence Agreement Template for Germany

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Key Requirements PROMPT example:

Coexistence Agreement

"I need a Coexistence Agreement under German law for my technology company that owns a similar trademark to another software provider; we want to agree on territorial restrictions where they operate in Northern Europe while we focus on Southern Europe."

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Document background
Trademark disputes and potential conflicts are common in today's global marketplace. A Coexistence Agreement becomes necessary when two or more parties discover they have similar or identical trademarks but wish to avoid costly litigation and maintain their respective market positions. Under German law, these agreements must comply with both the German Trademark Act (MarkenG) and the German Civil Code (BGB), while also considering EU trademark regulations. The document typically outlines specific territories, goods, and services for each party's trademark use, includes quality control measures, and establishes procedures for handling third-party infringement. These agreements are particularly valuable for international businesses operating in German markets or German companies expanding internationally.
Suggested Sections

1. Parties: Identification of the trademark owners entering into the agreement, including full legal names, registration details, and addresses

2. Background: Context of the trademark dispute or potential conflict, history of usage, and reason for entering into the agreement

3. Definitions: Definitions of key terms including the respective trademarks, territories, and goods/services covered

4. Scope of Agreement: Detailed description of how the parties agree to coexist, including specific terms of use for each trademark

5. Territorial Restrictions: Geographic boundaries within which each party may use their respective marks

6. Goods and Services Limitations: Specific products or services for which each party may use their marks

7. Quality Control: Standards for maintaining quality of goods/services to prevent damage to either party's reputation

8. Infringement by Third Parties: Cooperation procedures for dealing with third-party infringement of either trademark

9. Duration and Termination: Term of the agreement and conditions for termination

10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for dispute resolution

11. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Non-Challenge Clause: Agreement not to challenge the validity of each other's trademarks (optional depending on parties' preference and negotiating position)

2. Social Media Usage: Specific provisions for trademark usage on social media platforms and digital channels

3. Domain Names: Provisions regarding registration and use of domain names containing the respective trademarks

4. Marketing Coordination: Procedures for coordinating marketing efforts to minimize confusion

5. Future Trademark Applications: Agreement on handling future trademark applications that might affect either party

6. Alternative Dispute Resolution: Mediation or arbitration procedures as alternatives to court proceedings

Suggested Schedules

1. Schedule 1 - Trademark Specifications: Detailed specifications of both parties' trademarks, including registration numbers and classes

2. Schedule 2 - Territorial Map: Visual representation of agreed territorial boundaries for trademark usage

3. Schedule 3 - Approved Usage Examples: Examples of acceptable trademark usage formats and contexts

4. Schedule 4 - Contact Details: List of authorized representatives and contact information for both parties

5. Appendix A - Trademark Registrations: Copies of relevant trademark registration certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses

























Relevant Industries

Consumer Goods

Retail

Technology

Pharmaceuticals

Food and Beverage

Fashion and Apparel

Electronics

Software and Digital Services

Healthcare

Financial Services

Entertainment

Manufacturing

Telecommunications

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

Business Development

International Operations

Corporate Affairs

Compliance

Commercial Operations

Relevant Roles

Intellectual Property Counsel

Trademark Attorney

Legal Director

Chief Legal Officer

Brand Manager

Intellectual Property Manager

General Counsel

Corporate Counsel

Chief Executive Officer

Business Development Director

Marketing Director

Commercial Director

International Expansion Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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