Trademark Concurrent Use Agreement Template for India

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Key Requirements PROMPT example:

Trademark Concurrent Use Agreement

"I need a Trademark Concurrent Use Agreement for two retail clothing companies operating in India, where my company will use the trademark 'STARLIGHT' in Northern India while allowing the other party to use it in Southern India, with the agreement to take effect from March 1, 2025."

Document background
A Trademark Concurrent Use Agreement becomes necessary when two or more parties discover they are using similar or identical trademarks in India but can demonstrate that their concurrent use won't cause consumer confusion due to differences in territory, trade channels, or market segments. This document, governed by Indian trademark law, particularly the Trade Marks Act, 1999, provides a formal framework for peaceful coexistence. It specifies exact terms of use, territorial boundaries, quality control measures, and dispute resolution mechanisms. The agreement is particularly relevant in India's diverse market where regional and national brands often intersect, and can help avoid costly litigation while allowing businesses to maintain their trademark rights in their respective markets. It's essential for businesses expanding across different Indian states or entering arrangements with existing trademark holders.
Suggested Sections

1. Parties: Identification of all parties entering into the agreement, including their legal status and registered addresses

2. Background: Context of the trademark dispute or situation leading to the concurrent use agreement, including details of existing trademark registrations or applications

3. Definitions: Definitions of key terms used throughout the agreement, including the specific trademarks, territories, and products/services covered

4. Grant of Rights: Specific rights granted to each party regarding trademark use, including territorial and product/service limitations

5. Territorial Boundaries: Detailed specification of geographic areas where each party may use their respective trademarks

6. Quality Control: Standards and specifications for maintaining product/service quality to prevent consumer confusion

7. Infringement Actions: Procedures for dealing with third-party infringement and cooperation between parties

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

9. Dispute Resolution: Procedures for resolving disputes between parties, including jurisdiction and governing law

10. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Royalty Payments: Terms of any financial compensation between parties, used when monetary consideration is part of the agreement

2. Cross-Border Commerce: Provisions for online sales and cross-border trade, needed when parties operate in e-commerce

3. Marketing Coordination: Procedures for coordinating marketing efforts to minimize confusion, relevant for closely related markets

4. Future Trademark Applications: Rules regarding new trademark applications by either party, important for expanding businesses

5. Assignment and Sublicensing: Terms for transferring rights or granting sublicenses, needed when such flexibility is required

6. Trade Dress Provisions: Specifications regarding product appearance and packaging, relevant when similar products are sold

7. Customs Recordation: Provisions for recording the agreement with customs authorities, needed for international trade

Suggested Schedules

1. Schedule A - Trademark Specifications: Detailed descriptions and representations of each party's trademarks, including registration numbers

2. Schedule B - Territory Maps: Detailed maps or descriptions of the geographic territories assigned to each party

3. Schedule C - Approved Products/Services: Comprehensive list of products or services covered under the agreement for each party

4. Schedule D - Quality Standards: Detailed quality control specifications and requirements for products/services

5. Schedule E - Trademark Usage Guidelines: Specific rules and examples for how each party may use their trademarks

6. Appendix 1 - Contact Information: List of key contacts for each party for various purposes (legal notices, quality control, etc.)

7. Appendix 2 - Compliance Requirements: Specific regulatory or industry requirements applicable to trademark use in different territories

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
Relevant Industries

Retail

Manufacturing

Consumer Goods

Technology

Pharmaceuticals

Food and Beverage

Fashion and Apparel

Automotive

Electronics

Healthcare

Hospitality

E-commerce

Financial Services

Media and Entertainment

Relevant Teams

Legal

Intellectual Property

Compliance

Marketing

Business Development

Corporate Affairs

Brand Management

Commercial Operations

International Trade

Risk Management

Relevant Roles

Intellectual Property Counsel

Trademark Attorney

Legal Director

Chief Legal Officer

Brand Manager

Licensing Manager

Commercial Director

Business Development Manager

Chief Executive Officer

Compliance Officer

Marketing Director

Regional Manager

In-House Counsel

Corporate Counsel

IP Portfolio Manager

Industries
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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