Trademark Co-Existence Agreement
When two similar marks can genuinely operate without confusing consumers, a coexistence agreement can help move a stalled application past a likelihood-of-confusion refusal.
For drafting and negotiation support. Does not include the other party's own legal counsel, which they're expected to arrange separately.
Two similar marks don't always mean real confusion
A likelihood-of-confusion refusal is one of the most common reasons an application stalls, but similarity on paper doesn't always mean two marks actually compete for the same customers. When your business operates in a different industry, region, or channel than the cited mark, a coexistence agreement can document that distinction and set expectations for how each side will use its mark going forward.
We help draft the agreement's terms, ranging from field-of-use limits to geographic boundaries, and support you through negotiation with the other party. Once signed, the agreement can be submitted to the Federal Govt as evidence supporting your position, though final acceptance is always the examining attorney's call.
What's Included
- Review of your refusal and the cited conflicting mark
- Drafting of coexistence agreement terms
- Negotiation support with the other party
- Preparation of the agreement for submission to the Federal Govt
From refusal to a signed agreement
Share Your Refusal
Send us the office action citing the conflicting mark so we can review the basis for the refusal.
Assess Coexistence Fit
We look at whether your uses genuinely differ enough in industry, region, or channel to support an agreement.
Draft & Negotiate
We prepare draft terms and support you through discussions with the other party and their counsel.
Submit to the Federal Govt
Once signed, we help submit the agreement as part of your response to the examining attorney.
Frequently Asked Questions
It's a written agreement between two parties with similar marks, setting out how each will use their mark (often by industry, region, or channel) in a way that avoids real confusion between them.
Most often when a Federal Govt examining attorney raises a likelihood-of-confusion refusal against your application because of a similar existing mark, and you and the other mark's owner both agree your uses don't actually overlap in the marketplace.
No. A coexistence agreement is evidence the examining attorney considers, but the Federal Govt makes the final call on whether it resolves the refusal.
No. We support drafting and negotiation on your side only. The other party is expected to have their own legal counsel review and sign off on the agreement.
