When filling your trademark, you may be confronted with an opposition from the owner of an earlier trademark.
It is also possible that a trademark application may be filed and may infringe your trademark right.
If the two conflicting trademarks are identical or similar but do not concern the same fields of activity, negotiating a coexistence agreement may be appropriate if you do not want to be involved in a dispute.
Setting up a trademark coexistence agreement will avoid potential conflicts.
In a coexistence agreement, the parties recognize each other’s rights and jointly determine the conditions for the coexistence of their trademarks in a given market.
In particular, they must define the categories of goods and/or services for which each trademark may be used and the territory of use for each of them.