Trademark Co Existence Agreement for Singapore

Trademark Co Existence Agreement Template for Singapore

A Trademark Co-Existence Agreement under Singapore law is a legally binding contract between two or more parties who agree to simultaneously use similar trademarks in specified ways without infringing upon each other's rights. The agreement, governed by Singapore's Trade Marks Act and related legislation, establishes clear bouNDAries for trademark usage, including territorial limits, market segments, and usage guidelines, while providing mechanisms for dispute resolution and future cooperation.

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What is a Trademark Co Existence Agreement?

A Trademark Co-Existence Agreement becomes necessary when two or more parties discover they are using similar trademarks that could potentially cause confusion in the marketplace. Rather than pursuing litigation, parties opt for this cooperative approach to define how their respective marks can coexist. Under Singapore law, these agreements must comply with the Trade Marks Act and Competition Act, ensuring fair market practices while protecting each party's intellectual property rights. The agreement typically includes detailed provisions about geographical territories, market segments, and specific usage guidelines to prevent consumer confusion.

What sections should be included in a Trademark Co Existence Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement, including trademark dispute or potential conflict

3. Definitions: Key terms used tHRoughout the agreement, including specific trademarks

4. Scope of Rights: Detailed description of permitted trademark usage by each party

5. Territory: Geographic regions where agreement applies

6. Duration: Term of the agreement and renewal provisions

7. Mutual Undertakings: Commitments by both parties regarding trademark usage

8. Breach and Remedies: Consequences of non-compliance and available remedies

What sections are optional to include in a Trademark Co Existence Agreement?

1. Quality Control: Standards for trademark usage, applicable when parties want specific quality controls

2. New Trademark Applications: Provisions for future trademark applications when parties anticipate future trademark developments

3. Social Media Usage: Specific provisions for social media presence when digital presence is significant

4. Dispute Resolution: Specific procedures for resolving future disputes when parties want alternative dispute resolution mechanisms

What schedules should be included in a Trademark Co Existence Agreement?

1. Schedule 1: Trademark Specifications: Detailed descriptions and images of relevant trademarks

2. Schedule 2: Territorial Restrictions: Detailed breakdown of geographical restrictions and permissions

3. Schedule 3: Approved Usage Guidelines: Specific guidelines for trademark usage and presentation

4. Schedule 4: Existing Registrations: List of current trademark registrations owned by each party

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

Jurisdiction

Singapore

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Trade Marks Act (Chapter 332): Primary legislation governing trademark registration, protection, and enforcement in Singapore. Defines fundamental trademark rights, infringement provisions, and establishes framework for trademark use and licensing.

Trade Marks Rules: Subsidiary legislation providing detailed procedures for trademark applications, proceedings, and administrative requirements for trademark management in Singapore.

Competition Act (Chapter 50B): Legislation ensuring the agreement doesn't create anti-competitive effects and regulates market division aspects of trademark co-existence agreements.

Paris Convention: International treaty for Protection of Industrial Property, providing fundamental principles for trademark protection across member states.

TRIPS Agreement: International agreement setting minimum standards for intellectual property regulation in WTO member countries, including trademark protection.

Madrid Protocol: International treaty facilitating trademark registration across multiple jurisdictions tHRough a single application system.

Contract Act (Chapter 30): Singapore legislation governing general contract formation, enforcement principles, and validity of contractual terms.

Common Law Principles: Body of law developed tHRough court decisions, particularly relevant for trademark protection and passing off doctrine in Singapore.

IPOS Guidelines: Administrative guidelines and procedures issued by the Intellectual Property Office of Singapore for trademark examination and management.

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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