Trade mark co-existence agreement Generator for United Arab Emirates

A Trade mark co-existence agreement lets two companies legally use similar brand names or logos without suing each other. In the UAE, these agreements help businesses avoid costly trademark disputes, especially when both parties have legitimate rights to use comparable marks in different markets or industries.

Under UAE Federal Law No. 36 of 2021, these agreements must be registered with the Ministry of Economy to be enforceable. They typically spell out exactly how each company can use their mark, including which products, services, and geographic areas are allowed. This gives both parties clear boundaries while protecting their brand identities.

Consider a Trade mark co-existence agreement when you discover another UAE company using a similar brand name or logo to yours, but you'd prefer to avoid costly litigation. This often happens when two businesses operate in different industries or regions – like a Dubai-based tech company and an Abu Dhabi food manufacturer sharing similar marks.

It's particularly valuable when both companies have invested heavily in their brands and neither wants to rebrand. Under UAE trademark law, this agreement lets both parties continue operating while clearly defining each company's rights, markets, and usage limitations. Getting it done early helps prevent future disputes and protects both brands' reputations.

• Basic Territorial Agreement: Limits each company's trademark use to specific Emirates or regions within the UAE
• Industry-Specific Agreement: Allows similar marks across different business sectors, like retail versus manufacturing
• Limited Duration Agreement: Sets a specific timeframe for co-existence, often used during brand transitions
• Full Co-existence Agreement: Comprehensive arrangement covering multiple product lines, territories, and usage terms
• Online/Offline Split Agreement: Divides trademark rights between digital and physical business operations

• Business Owners: Companies seeking to protect their trademarks while allowing similar marks to coexist in different markets or industries
• Intellectual Property Lawyers: Draft and review agreements to ensure compliance with UAE trademark laws and Ministry of Economy requirements
• Brand Managers: Help define acceptable usage terms and monitor compliance with the agreement's boundaries
• UAE Ministry of Economy: Reviews and registers these agreements as part of trademark protection process
• Marketing Teams: Must understand and follow the agreement's terms when creating promotional materials

• Trademark Details: Gather registration numbers, classes, and usage history for both marks in the UAE
• Market Analysis: Document how both businesses operate in different sectors or regions to justify coexistence
• Usage Parameters: Define exact boundaries for each mark's use, including geographic limits and product categories
• Company Information: Collect legal entity details, trade licenses, and authorized signatory information
• Compliance Check: Ensure agreement aligns with UAE Federal Law No. 36 of 2021 requirements
• Registration Plan: Prepare documentation for Ministry of Economy registration

• Party Details: Full legal names, trade license numbers, and registered addresses of both companies
• Trademark Specifications: Detailed description of both marks, including registration numbers and classes
• Territory Clause: Clear definition of geographic boundaries within UAE for each mark's use
• Usage Terms: Specific products, services, and channels where each mark can be used
• Duration: Agreement term length and renewal conditions under UAE law
• Dispute Resolution: UAE courts' jurisdiction and applicable emirate law reference
• Ministry Registration: Commitment to register with UAE Ministry of Economy

A Trade mark co-existence agreement differs significantly from a Trademark License Agreement in both purpose and structure. While both deal with trademark rights in the UAE, they serve distinct business needs.

• Purpose and Control: Co-existence agreements allow two separate companies to use similar marks independently, while license agreements grant specific permission to use another's trademark under strict controls
• Financial Terms: License agreements typically involve royalty payments or fees, whereas co-existence agreements rarely include financial compensation
• Duration and Termination: License agreements often have fixed terms with renewal options, while co-existence agreements usually remain permanent
• Regulatory Requirements: Both need Ministry of Economy registration, but license agreements require additional commercial licensing documentation
• Quality Control: License agreements mandate strict quality standards and oversight, while co-existence agreements focus mainly on preventing market confusion