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Trademark Co Existence Agreement for Germany

Trademark Co Existence Agreement Template for Germany

A legally binding agreement governed by German law that establishes the terms and conditions under which two or more parties agree to co-exist in the marketplace with similar or potentially conflicting trademarks. The agreement complies with German trademark law (Markengesetz) and EU trademark regulations, defining the specific parameters for trademark usage, including territorial restrictions, product/service limitations, and visual presentation requirements. It includes provisions for dispute resolution under German jurisdiction and addresses both current and future trademark applications and uses.

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What is a Trademark Co Existence Agreement?

A Trademark Co-Existence Agreement becomes necessary when two or more parties discover they have similar or potentially conflicting trademarks but wish to avoid litigation and agree to co-exist in the marketplace. This document, governed by German law and EU regulations, is particularly relevant when companies operate in different territories, market segments, or product categories. It establishes clear boundaries for trademark usage, helps prevent consumer confusion, and provides a framework for resolving future disputes. The agreement typically arises during trademark opposition proceedings, merger and acquisition due diligence, or when expanding into new markets. It must comply with German trademark law (Markengesetz), competition law (GWB), and relevant EU regulations, making it particularly suitable for businesses operating in or expanding into German and EU markets.

What sections should be included in a Trademark Co Existence Agreement?

1. Parties: Identification of the contracting parties, including full legal names and registered addresses

2. Background: Context of the trademark dispute or potential conflict, description of each party's trademark rights and business activities

3. Definitions: Key terms used in the agreement, including specific trademark definitions, territories, and goods/services

4. Acknowledgment of Rights: Mutual recognition of each party's trademark rights and validity

5. Scope of Agreement: Detailed terms of co-existence, including permitted and prohibited uses of the respective trademarks

6. Territorial Limitations: Geographic boundaries within which the agreement applies

7. Quality Control: Standards for trademark usage to maintain distinctiveness and prevent consumer confusion

8. Future Trademark Applications: Protocol for handling new trademark applications by either party

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

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

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

What sections are optional to include in a Trademark Co Existence Agreement?

1. Opposition Withdrawal: Terms for withdrawing existing trademark oppositions or cancellation actions, used when active disputes exist

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

3. Assignment and Licensing: Rules regarding the ability to assign or license rights under the agreement, used for companies with complex corporate structures

4. Marketing and Advertising: Specific provisions for marketing materials and advertising campaigns, important for consumer-facing brands

5. Domain Names: Provisions regarding domain name usage and registration, relevant for online businesses

6. Customs and Border Measures: Procedures for customs notifications and border enforcement, important for international trade

7. Payment Terms: Financial compensation terms if applicable, used when monetary settlement is part of the agreement

What schedules should be included in a Trademark Co Existence Agreement?

1. Schedule 1 - Trademark Specifications: Detailed list of each party's trademarks, including registration numbers, classes, and territories

2. Schedule 2 - Permitted Uses: Specific examples and guidelines for acceptable trademark usage

3. Schedule 3 - Prohibited Uses: Specific examples and guidelines for prohibited trademark usage

4. Schedule 4 - Brand Guidelines: Visual guidelines for trademark usage including spacing, colors, and sizing

5. Schedule 5 - Notification Contacts: List of designated contacts for notices and communications under the agreement

6. Appendix A - Existing Registrations: Copies of trademark registration certificates and relevant documentation

7. Appendix B - Territory Map: Visual representation of geographical territories covered by the agreement

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions















































Clauses



































Relevant Industries

Retail

Consumer Goods

Technology

Pharmaceuticals

Fashion and Luxury

Food and Beverage

Financial Services

Entertainment

Manufacturing

Software and Digital Services

Healthcare

Automotive

Telecommunications

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

Compliance

Business Development

International Operations

Corporate Affairs

Commercial Operations

Executive Leadership

Relevant Roles

General Counsel

IP Counsel

Trademark Attorney

Legal Director

Brand Protection Manager

Intellectual Property Manager

Corporate Lawyer

Brand Manager

Marketing Director

Chief Legal Officer

Compliance Officer

Business Development Director

International Expansion Manager

Commercial Director

Chief Executive Officer

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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