Coexistence Agreements
We negotiate trademark coexistence agreements that resolve conflicts and enable parties with similar marks to operate without confusion.
Our Coexistence Agreements Services
When trademark conflicts arise, coexistence agreements can resolve disputes without litigation. Our practice negotiates and structures agreements allowing parties to use similar marks in defined circumstances.
Agreement Structure
Effective coexistence agreements clearly delineate rights. We address permitted goods and services, geographic territories, trade channels, and marketing restrictions. We ensure boundaries are practical and enforceable.
Risk Assessment
Before pursuing coexistence, we assess the actual confusion risk and whether proposed boundaries adequately protect against it. We advise when coexistence is appropriate and when more separation is needed.
Enforcement Provisions
Agreements include mechanisms for addressing violations including notice requirements, cure periods, and dispute resolution procedures. We build in practical enforcement tools.
Registration Implications
We address registration issues including consent to register, naked consent letters, and USPTO procedure for coexistence situations.
Related Products
Standard Registration
Complete trademark registration for one mark in one class.
Search + Filing
Full clearance search plus application filing.
Frequently Asked Questions
What is the difference between ™ and ®?
The ™ symbol indicates that you claim trademark rights in a mark, but it does not require federal registration. The ® symbol can only be used after your trademark has been officially registered with the USPTO.
How long does trademark registration take?
The typical timeline for USPTO trademark registration is 8-12 months if there are no complications. If office actions or oppositions arise, the process can take 18 months or longer.
Do I need to conduct a trademark search before filing?
While not legally required, we strongly recommend a comprehensive clearance search before filing. A search helps identify potential conflicts that could result in refusal of your application.
What are the USPTO filing fees?
USPTO filing fees are $250 per class using TEAS Plus or $350 per class using TEAS Standard. Additional fees apply for Statements of Use, extensions, and other filings.
Can I trademark a name I'm not using yet?
Yes, you can file an Intent-to-Use (ITU) application before you begin using the mark in commerce. However, you must eventually provide evidence of actual use before the trademark will register.
How long does a trademark registration last?
A federal trademark registration can last indefinitely, but you must file maintenance documents between years 5-6 and renew every 10 years.
Ready to Protect Your Brand?
Schedule a consultation with one of our trademark attorneys. A member of our team will contact you within one business day.
- Free initial consultation
- Transparent, fixed-fee pricing
- Dedicated attorney throughout
- Real-time status updates