Trademark Coexistence Agreement - Checklist
Checklist
This Checklist identifies the key terms typically included in a trademark coexistence agreement. It can be used as a checklist of issues to consider when drafting, reviewing or negotiating trademark licences.
It can also be adapted for use as a heads of terms to record basic agreed terms while a formal trademark licence is being negotiated.
Checklist | Notes |
|---|---|
(A) Key commercial considerations | |
Parties: Confirm which entities will be party to the agreement—identify which entities own the trademarks and which entities are using them. Confirm each party's legal status and whether any third parties (such as group affiliates) will benefit from the proposed agreement. | |
Commencement, duration and termination | |
Commencement/effective date: Confirm proposed commencement/effective date. | |
Duration: Confirm the duration—it is likely this will be for an indefinite period. | |
Termination: Confirm any termination rights, these are likely to be limited, eg termination where a party loses its trademark registration. | |
Post-termination: Consider the actions of both parties upon termination. | |
Key points to consider | |