Trademark Delimitation Agreement

Posted by: In: Ikke kategoriseret 13 apr 2021 Comments: 0

An agreement on the coexistence of trademarks should clearly include: all parties to the agreement, the trademarks or logos indicated to co-exist, an agreement on the domain names used by each party, a list of the areas and geographical areas that contain the trademarks or logos in which coexistence is permitted and prohibited, as well as all relevant plans for the expansion of the company. In addition, the co-existence agreement should include the start and end date of the agreement, a clause relating to the jurisdiction of the agreement and a dispute settlement clause. In particular, if the panels are roof marks of a company, such agreements must be developed with great care. We are happy to help you with our know-how. On request, we can also provide you with lawyers familiar with the formulation of such agreements. In the absence of an agreement between the trademark owners in dispute, there is no real risk of confusion in the market – for example. B because each company uses a very clearly defined market without overlap – there is no need to initiate a costly opposition, cancellation or infringement procedure. An important issue to consider before negotiating a co-existence agreement is the public interest issue. A court may cancel an agreement if it considers that the coexistence of similar marks in a given case is contrary to the public interest. This can occur especially in the field of public health, when two different medical devices bear the same mark, even if the companies operate in different geographical areas. Brand co-existence describes a situation in which two different companies use a similar or identical brand to market one product or service without necessarily interfering with the activities of the other.

This is not unusual. Brands are often used by small businesses in a limited geographic area or with a regional clientele. Almost all French cities with a train station, for example, have their own buffet restaurant at the station. Often, trademarks are made up of the name of the person who started a business, and where that name is common, it is not uncommon to find similar companies under the same name or name. None of this should give rise to conflicts or disputes as long as the brands concerned continue to fulfil their primary mission of distinguishing the goods or services for which they are used from those of competitors. But neither company predicted that the future development of digital music technologies would bring the two areas much closer together. When Apple Computers launched the iPod and iTunes memory, Apple Corps filed a complaint claiming that Apple Computers had entered the Apple Corps-only area, in violation of the trademark co-existence agreement.

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