Trademark Co Existence Agreement Template for Belgium

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Key Requirements PROMPT example:

Trademark Co Existence Agreement

"I need a Trademark Co-Existence Agreement for my retail clothing brand to coexist with a similar-named sportswear company, where we'll operate in different Benelux countries and need to include specific provisions about online sales and social media usage, with the agreement to take effect from March 2025."

Document background
A Trademark Co-Existence Agreement becomes necessary when two or more parties discover they have similar trademarks but wish to avoid litigation by agreeing to specific terms of coexistence. This document, governed by Belgian law and complying with Benelux trademark regulations, is particularly crucial in situations where companies operate in different territories or market segments but have potentially conflicting trademark rights. The agreement typically includes detailed provisions about geographical limitations, product/service specifications, and usage guidelines. It serves as a risk management tool by preventing future disputes and providing clarity on each party's rights and obligations. The document must comply with Belgian national law, Benelux trademark conventions, and relevant EU regulations, making it essential to have proper legal guidance in its preparation and execution.
Suggested Sections

1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including details of the potentially conflicting trademarks and any existing disputes or proceedings

3. Definitions: Definitions of key terms including the respective trademarks, territories, goods/services, and other important terms used throughout the agreement

4. Grant of Rights: Mutual acknowledgment of rights and agreement to co-exist, including specific permissions and restrictions

5. Territorial Restrictions: Detailed specification of geographical areas where each party may use their respective marks

6. Scope of Goods and Services: Precise definition of the goods and services for which each party may use their marks

7. Mutual Undertakings: Commitments by both parties regarding the use of their respective marks and behavior in the marketplace

8. Future Trademark Applications: Agreement on how future trademark applications will be handled by both parties

9. Non-Challenge Provisions: Mutual agreements not to challenge or oppose each other's trademark rights within agreed parameters

10. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

11. Breach and Remedies: Consequences of breach and available remedies

12. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for dispute resolution

13. General Provisions: Standard contractual provisions including notices, entire agreement, amendments, and severability

Optional Sections

1. Quality Control: Provisions for maintaining quality standards when relevant to protect trademark value and avoid consumer confusion

2. Existing Proceedings: Provisions dealing with withdrawal or settlement of existing opposition proceedings or disputes

3. Social Media Usage: Specific provisions regarding use of marks on social media platforms and digital channels

4. Assignment and Licensing: Terms governing whether and how parties can assign or license their marks to third parties

5. Marketing and Advertising: Specific provisions about how marks can be used in marketing materials and advertising

6. Domain Names: Provisions regarding registration and use of domain names incorporating the marks

7. Customs and Border Measures: Provisions for cooperation regarding customs enforcement and border measures

8. Transitional Provisions: Terms governing phase-out periods or transitional arrangements if needed

Suggested Schedules

1. Schedule 1 - Trademark Specifications: Detailed specifications of both parties' trademarks, including registration numbers and visual representations

2. Schedule 2 - Permitted Territories: Detailed maps or lists of territories where each party may use their marks

3. Schedule 3 - Approved Goods and Services: Comprehensive list of goods and services covered by the agreement for each party

4. Schedule 4 - Usage Guidelines: Specific guidelines for how the marks may be used, including size, placement, and format requirements

5. Schedule 5 - Existing Registrations: List of all existing trademark registrations and applications owned by both parties

6. Appendix A - Form of Notice: Template for notices to be used in formal communications between parties

7. Appendix B - Contact Details: Detailed contact information for authorized representatives of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Retail

Consumer Goods

Technology

Pharmaceuticals

Food and Beverage

Fashion and Luxury Goods

Entertainment

Financial Services

Professional Services

Manufacturing

Telecommunications

Software and Digital Services

Healthcare

Hospitality

Automotive

Relevant Teams

Legal

Intellectual Property

Brand Management

Marketing

Corporate Affairs

Business Development

Risk Management

Compliance

International Trade

Executive Leadership

Relevant Roles

Intellectual Property Counsel

Legal Director

Brand Protection Manager

Chief Legal Officer

Trademark Attorney

General Counsel

Commercial Director

Brand Manager

Marketing Director

Chief Executive Officer

Business Development Manager

Risk Management Officer

Compliance Officer

International Trade Counsel

Corporate Counsel

Industries
Benelux Convention on Intellectual Property: The primary legislation governing trademarks in Belgium, as part of the Benelux trademark system. It provides the fundamental framework for trademark registration, protection, and enforcement in the Benelux countries.
Belgian Code of Economic Law (Book XII): Contains provisions relating to intellectual property rights and their enforcement in Belgium, including specific provisions about trademark use and protection.
EU Trademark Regulation (2017/1001): Governs EU-wide trademarks and their relationship with national trademarks. Relevant for co-existence agreements involving EU trademarks.
Belgian Civil Code: Provides the general framework for contract law in Belgium, governing aspects such as formation, validity, and enforcement of contracts, which applies to trademark co-existence agreements.
Paris Convention for the Protection of Industrial Property: International treaty that Belgium has ratified, providing basic rules for trademark protection and unfair competition.
TRIPS Agreement: WTO agreement setting minimum standards for intellectual property regulation, including trademark protection, which Belgium must comply with.
Madrid Protocol: International treaty governing the international registration of trademarks, relevant when the co-existence agreement involves internationally registered marks.
Belgian Competition Law: Relevant for ensuring the co-existence agreement does not violate competition law principles or create market restrictions.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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