Coexistence Agreement Trademark Law

But neither company foresaw that the future development of digital music technologies would bring the two fields much closer together. When Apple Computers launched the iPod and the iTunes software and music store, Apple Corps filed a lawsuit claiming that Apple Computers was infiltrated into the enrichment reserved exclusively for Apple Corps, in violation of the brand`s coexistence agreement. The court considered the case from the consumer`s point of view and found that there was no breach of contract, given that the Apple Computers logo was used in connection with the software and not with the music provided by the service. No consumer who downloads music with iTunes software would think that it is interagulating with Apple Corps. The public interest must be taken into account when concluding a trademark coexistence agreement. This is often the case in situations, for example.B. when two medical companies carry the same brand for unique products, as this could create confusion and have serious repercussions on consumers. Companies must also comply with anti-cartel rules. Courts may find that similar marks may affect competition in the market. A formal agreement on the coexistence of trademarks recognizes the rights of both parties to use the marks contained in the agreement for commercial purposes. The agreement may include a breakdown of the regions in which the parties to the agreement are allowed to use the mark, the methods for the use of the mark or the categories of goods and services for which the mark may be used (in conjunction with the international trademark registration system). [2] A consent agreement is a kind of coexistence agreement.

Trademark advertisers may enter a consent agreement in the minutes of a trademark tracking for the purpose of obtaining registration. Often, a consent agreement is the trademark declarant`s best option to convince the examiner that his proposed mark does not create any likelihood of confusion with the trademark cited against his application. It does not usually deal in depth with long-term coexistence, but limits the rights of the party seeking approval. Without evidence to the contrary, a consent agreement is considered proof that there is no likelihood of confusion. The explanatory memorandum is that the parties most affected by the potential confusion of consumers explain that there will be no confusion. The process of selecting a brand should be conducted with caution and foresight, with as comprehensive a search as possible, preferably with the help of a specialist.