What is a Coexistence agreement?

A coexistence agreement is a legal agreement whereby two parties agree to trade in the same or similar market using an identical or similar trade mark.

The agreement is drawn up between parties and sets the parameters for each to use their trade mark without the fear of infringement or legal action from the other(s).

The coexistence agreement set the terms and conditions the parties have agreed, to allow each other to undertake their respective business activities.

Whilst coexistence agreements may take many forms, and may also include designs, copyright and patents, entering into a formal binding coexistence agreement will ensure that the parties avoid the likelihood of becoming involved in any future costly and lengthy legal dispute.

The specific details of a coexistence agreement is a matter only for the parties involved to negotiate and the Intellectual Property Office cannot become a party to the negotiations.

For more background information on coexistence agreements please see our Fact Sheet (54Kb), or alternatively seek professional advice.