What is a Co-Existence Agreement?

When businesses face the challenge of overlapping trademarks, logos, or brand names that could lead to confusion, there are several ways to resolve the situation. One option is to ignore the issue and hope for the best. While this approach might work for some businesses, it’s not advisable for those aiming to grow and avoid future legal conflicts.

Another route is to pursue legal action, where the owner of an earlier trademark can file an opposition or seek legal remedies against a newer trademark. Even if the earlier mark’s owner decides not to take action, the later mark's owner may seek a court’s declaration that their trademark does not infringe on the existing mark. A more collaborative approach is to discuss the potential issues and agree on a way to prevent future conflicts—this is where a Co-Existence Agreement becomes invaluable.

When is it Time for a Co-Existence Agreement?

A Co-Existence Agreement is a proactive solution that helps prevent future disputes and confusion. You might want to consider entering into such an agreement in the following situations:
  • When you know another business is either already operating or planning to operate in a way that could cause confusion with your brand or impact your business.
  • If you are concerned that someone is trying to register a trademark that could limit your ability to expand or operate.
  • If a larger business is dividing or selling off subsidiaries, and each wants to use aspects of the original business name.

The same considerations may apply if a bigger business is selling off a subsidiary or broken up into smaller units, each of which wants to be able to make some use of the original business name.

As a general rule, any time you foresee potential legal disputes—whether you might want to defend your :
  • Name
  • Trademark,
  • Goodwill
  • Business get-up

Or whenever you think that they might want to sue you for the same reason, a coexistence agreement may be a good idea.

When is a Co-Existence Agreement Not Right for You?

While Co-Existence Agreements can provide significant protection, there are times when this approach might not be the best choice:
  • If your business plan is still in its early stages and you’re uncertain about future directions, entering into such an agreement might unnecessarily restrict your growth potential.
  • If the terms of the agreement are unclear or not properly explained to you, it’s crucial to fully understand what you're agreeing to before committing.
  • If you do not have the exclusive rights or the ability to control the trademarks or intellectual property involved in the agreement, it could complicate matters down the line.

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Frequently Asked Questions!

Anybody introducing a new brand identity or planning on offering newly branded services or products should take the necessary steps to protect their trademark.
The answer to this question will differ from agency to agency and based on staffing changes and enhanced technologies at the United Kingdom Intellectual Property Office. If you’re asking us specifically, you can count on the entire application process to take from 5 to 6 months.
It can take up to 10 years. Also, the registration can easily be renewed so long as you have made sure to maintain an uninterrupted use of your trademark in interstate commerce.
If you have a federally registered trademark, you will be able to use the ® symbol. For every other mark, whether unregistered or registered, you will not be required to add a designation. However, we always advise mark owners to attach the ‘SM’ or ‘TM’ symbol to tell the industry that your company name, logo, or symbol is proprietary to your services or goods.
We always tell our clients that we aren’t ‘oddsmakers’. In other words, you get exactly what you pay for. Our teams are skilled in improving the likelihood of your success. They perform clearance to search for similar trademarks before sending out an application and picking a highly distinctive mark.
We Help Drive Your Innovations in The Fast Lane. Complete Your Trademark Registration in Just 3 Simple Steps.

Submit Your Trademark Information

Spend a couple of minutes filling out a simple questionnaire. This will initiate your registration process for your trademark.

Select Your Service & Make the Payment

Get all the details in order! Select your coveted service with Trademark Savior & make the payment for your desired services.

Thorough Evaluation & Trademark Filing

To ensure that your trademark is completely unique, our team conducts a thorough trademark search across numerous databases and then file your trademark with UKIPO.