Trade mark co-existence agreement Template for Singapore

A Trade mark co-existence agreement lets two companies legally use similar trademarks without suing each other. It's common when different businesses have marks that look or sound alike, but serve different markets or regions in Singapore.

These agreements set clear boundaries about how each company can use their mark - including which products they can sell, where they can operate, and how they'll handle future disputes. For example, two companies named "Summit" might agree that one focuses on financial services while the other provides IT solutions, helping both protect their brands under Singapore's Trade Marks Act.

Consider a Trade mark co-existence agreement when you discover another Singapore business using a similar trademark but want to avoid costly litigation. This often happens during trademark registration searches or when expanding into new markets where similar marks already exist.

The agreement becomes essential when both parties can operate without confusing customers - like when serving different industries or regions. For example, "Golden Dragon" could work simultaneously for a restaurant chain in central Singapore and a software company in the industrial areas, with the agreement specifying each company's allowed business scope and territory.

• Basic Territory Agreements: Split geographic regions between trademark holders, common for retail chains expanding across Singapore's different districts
• Industry-Specific Agreements: Allow similar marks in different business sectors, like technology versus food services
• Dual-Use Agreements: Both parties can use similar marks nationwide but with distinct visual elements or specific product limitations
• Time-Limited Agreements: One party phases out their mark over an agreed period while the other continues using it
• Cross-Border Agreements: Define trademark usage rights between Singapore-based companies and international entities

• Business Owners: Companies or individuals who own trademarks and need to protect their brand while allowing another similar mark to exist
• Intellectual Property Lawyers: Draft and negotiate the agreements, ensuring compliance with Singapore's Trade Marks Act
• IPOS Officers: Singapore's IP office staff who review and register the related trademarks
• Brand Managers: Oversee implementation of trademark usage guidelines specified in the agreement
• Marketing Teams: Must follow the agreement's terms when creating advertising and promotional materials

• Trademark Details: Gather registration numbers, exact marks, and filing dates for both parties from IPOS records
• Business Scope: Define each party's industry, products, services, and geographic territories in Singapore
• Usage Rules: Document specific guidelines for how each mark can be displayed and used
• Company Information: Collect legal names, registration numbers, and authorized signatories
• Future Plans: Consider potential business expansion and how it might affect the agreement
• Platform Support: Use our system to generate a legally-sound agreement that includes all required elements

• Party Details: Full legal names, registered addresses, and trademark registration numbers of both parties
• Scope Definition: Precise description of each trademark, permitted uses, and territorial boundaries
• Usage Terms: Specific rules for visual presentation, marketing, and product categories
• Duration & Termination: Agreement length, renewal options, and conditions for ending the agreement
• Dispute Resolution: Singapore law as governing law, mediation procedures, and jurisdiction clauses
• Signatures & Execution: Proper signing blocks with company stamps and authorized signatory details

A Trade mark co-existence agreement differs significantly from a Trademark License Agreement in several key aspects. While both deal with trademark rights in Singapore, their purposes and applications are distinct.

• Purpose: Co-existence agreements allow two separate owners to use similar marks independently, while license agreements permit one party to use another's trademark under specific conditions
• Control: In co-existence, both parties maintain independent control of their marks. License agreements involve one party (licensor) controlling how another (licensee) uses their mark
• Payment Structure: Co-existence agreements typically don't involve royalties or fees, whereas license agreements usually require regular payments to the trademark owner
• Duration: Co-existence agreements are usually permanent arrangements, while license agreements often have fixed terms with renewal options