Francelina M. Perdomo Klukosky, Esq.
Manhattan, NY: (212) 980-7206
Co-existing Agreements
Trademark Co-existing Agreement Lawyer - Francelina M. Perdomo Klukosky of Perdomo Law
Law firm for Trademark Co-existing Agreements Perdomo Law in Manhattan New York, NY
What is a Trademark Co-existing Agreement?
Trademarks identify companies instantly to consumers. They enable businesses to place a familiar logo, design, or other identifiers on labels, vehicles, and marketing materials. Billions of companies throughout the world use trademarks for this purpose. Unfortunately, there are so many businesses it is possible for companies to have unintentionally similar trademarks. A trademark agreement allows the organizations to acknowledge the similarities and to use their designs without conflict. A co-existing trademark agreement is a detailed version of this contract.
When Would the Need for a Contract Arise?
Most people learn of a conflict in their trademark when they apply to register their design with the United States Patent and Trademark Office (USPTO). A refusal can occur when the design too closely resembles an already approved one. If a company receives a denial, it can contact the other organization to create an agreement and reapply after both companies sign the contract.
What Would a Trademark Co-existing Agreement Involve?
Developing a co-existing agreement involves detailed negotiations and consideration of the potential problems both entities could experience. The exact wording will vary based on what the entities decide they want. Many agreements will have similar layouts but can include many different details based on the industries involved. The contracts will often determine the acceptable markets or geographical areas each company can expand into. It may even list or limit the product lines each company can produce. The details prevent either company from intruding on the customer base of the other.
The contract should include what each entity will use for a trademark. Detailed artworks or other examples of the trademarks allow the USPTO to decipher between the organizations if consumer complaints against one arise. Most have starting and end dates for the agreement and may include an option to reaccept the existing contract if both businesses agree. Some forms may even offer dispute resolutions if the companies continue to expand and encroach on each other's territory.
Why Would Someone Need a Trademark Co-existing Agreement Lawyer?
Using a trademark co-existing agreement can protect the right of everyone to use the designs they want. It can provide a more affordable option than taking a dispute to court. It saves the company with the denied trademark from reworking their mottos or logos before reapplying to the USPTO. The agreement can seem friendly and mutually beneficial, but it is always advisable for anyone involved to have a trademark co-existing agreement attorney.
The contracts are complex and incredibly detailed to cover all potential uses of the trademarks. It is not only an agreement that must meet the standards of the individuals involved. The USPTO will also review the contract. If they do not believe the document is workable or if they think the companies are working together to gain a monopoly on an industry or could potentially confuse consumers, they will deny the application again.
What Can Happen if You Do Not Have a Lawyer?
The failure to hire a lawyer can leave the business vulnerable to the other organization involved and their legal teams. The contracts are often confusing and may not include all the details needed to protect the company that chooses to represent itself. If the person without an attorney is applying for trademark approval, they may only get another denial from the USPTO. The result could cause them to waste months or years as they attempt to create a new brand familiar to their clientele.
The inability to understand a contract can also cause business owners to break the agreement. The unintentional failure to follow all the details within a contract can lead to lawsuits and many other legal ramifications. An attorney can explain the guidelines to their client during the negotiation phase. They will also provide consultations regarding how to handle expansions, the sale of a business, and much more. Without this help, the company could become vulnerable to breach of contract lawsuits.
When Should You Consult with an Attorney?
Contact a trademark co-existing agreement law firm immediately after receiving the notice of application denial. The law firm can contact the other company and begin negotiating to develop a contract. Law firms that handle these agreements have experience in trademark and patent laws and are valuable assets to any business. Hiring an attorney to help with the application process can reduce the time needed to begin negotiations and get approval.
Do You Need Assistance with a Trademark Co-existing Agreement?
Every business can benefit from a carefully crafted and memorable trademark. These marketing tools can help startups gain attention and keep established companies in the public eye. A co-existing agreement ensures that the time and investment in developing an appealing trademark do not become wasted. Improve the opportunity for approval by hiring a law firm that understands how to negotiate and create a contract that will meet the standards of the USPTO.
Contact Trademark Co-existing Agreement Attorney, Francelina M. Perdomo Klukosky for a Case Assessment
Francelina M. Perdomo Klukosky is a trademark co-existing agreement lawyer. Her law firm can assist anyone who needs help approaching the other business or developing a contract. In addition, they offer case assessments for anyone experiencing this concern and hope to maintain the trademark they crafted for their company.
Please contact us for a case assessment.
Additional References
- Trademark Co-existence Agreements - Wikipedia
- Case Study Co-existing Agreement - Securities and Exchange Commission
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