Document background
The Trademark Co-Existence Agreement is essential when two or more parties discover they have similar or potentially conflicting trademarks but wish to avoid litigation and establish a framework for peaceful coexistence. This document becomes relevant when companies operating in the Philippines or under Philippine jurisdiction identify trademark similarities that could cause consumer confusion but determine that both can legitimately operate with proper restrictions and guidelines. The agreement, governed by Philippine intellectual property laws, particularly the Intellectual Property Code (RA 8293), typically includes detailed provisions on territorial limitations, specific usage guidelines, quality control measures, and dispute resolution mechanisms. It serves as a cost-effective alternative to trademark litigation while providing legal certainty and protecting both parties' brand value.
