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Sample Coexistence Agreement

Sample Coexistence Agreement

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Categories:Types, Business/Law
Published by: Thedford I. HItaffer on May 10, 2012
Copyright:Attribution Non-commercial

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09/28/2013

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This is a sample agreement for educational, informational or illustrative purposes only. It should not be interpretedas legal advice or applicable to any particular situation. Agreements are legal instruments that should be tailored tospecific factual inquiries. Moreover, agreements are generally interpreted differently in different jurisdictions.Hence, this sample is not a substitute for the advice or consultation of a competent attorney.
TRADEMARK CO-EXISTENCE AGREEMENT
This trademark co-existence agreement (hereinafter "AGREEMENT") is made and entered into on thisday of , 2012, by and between ALPHA, INC., a corporation organized under thelaws of the State of Virginia, having an address at205 N 2nd Street
,
Richmond
,
 
VA
23241, (hereinafter"ALPHA"), and BETA, INC., a corporation organized under the laws of the State of West Virginia andhaving address at513 E Main Street, Charlottesville,
VA
22902(hereinafter "BETA").WHEREAS ALPHA has produced and sold for many years, throughout the United States and abroad, by
 
itself and through various retailers, including Walnut Stores, and licensing agents, including We R Toys,toys, clothing, decorative banners, dinnerware and mugs, growth charts, stationery, books, magnets,ornaments, candy and fragrances.WHEREAS ALPHA is the owner of the trademark ALPHA used on toys, clothing, decorative banners,dinnerware and mugs, growth charts, stationery, books, magnets, ornaments, candy and fragrances, and inconnection with its website www.ALPHA.com. ALPHA also owns U.S. Registration No. 2,123,456 forthe standard character mark ALPHA, covering "toys and games, namely- a construction/puzzle toyfeaturing sculptured pieces" in Class 28.WHEREAS ALPHA is also the owner of a stylized mark consisting of the word ALPHA with anuppercase letter "AL" presented in horizontal stripes, proceeded by a uppercase letters "PH" andlowercase letter "a", also used on toys, clothing, decorative banners, dinnerware and mugs, growth charts,stationery, books, magnets, ornaments, candy and fragrances, and in connection with its website,www.ALPHA.com. ALPHA also owns U.S. Registration No. 2,654,321 for the design plus word mark covering "toys and games, namely- a construction/puzzle toy featuring sculptured pieces" in Class 28.WHEREAS BETA is the owner of the trademark ALPHAWEAR, which has been used since March 30,2006 in connection with baby carriers worn on the body and slings for carrying infants. BETA owns U.S.Registration No. 3,123,456 for the standard character mark ALPHAWEAR covering "baby carriers wornon the body and slings for carrying infants" in Class 18.WHEREAS BETA is also the owner of a stylized mark ALPHA WWW.ALPHAWEAR.COM consistingof a butterfly with hearts, proceeded by the word ALPHA with a heart in the middle of the first letter "A",and further proceeded by the website address WWW.ALPHAWEAR.COM (hereinafter the"ALPHAWEAR LOGO") used in connection with baby carriers worn on the body and slings for carryinginfants. BETA owns U.S. Registration No. 3,654,321 for the mark ALPHAWEAR LOGO, covering"baby carriers worn on the body and slings for carrying infants" in Class 18.WHEREAS each party, ALPHA and BETA, wishes to enter into a Co-existence Agreement to preventlikelihood of confusion between their respective trademarks.NOW, THEREFORE, for the mutual promises set forth herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties state and agree as follows:1. BETA agrees not to object to, oppose, or otherwise seek to limit in any way ALPHA's use of thetrademark ALPHA in connection with toys, including play sculpture and building sets, plush toys andbooks, stackable toys, rattles and teethers, links, puppets, mobiles, play mats, and cards; clothing itemsand accessories, including sleepers, onesies, pajamas, slippers and other sleepwear, briefs, undershirts,socks, stockings, shoes, t-shirts, tank tops, shirts, blouses, shorts, pants, skirts, dresses, sweatshirts, sweat
 
This is a sample agreement for educational, informational or illustrative purposes only. It should not be interpretedas legal advice or applicable to any particular situation. Agreements are legal instruments that should be tailored tospecific factual inquiries. Moreover, agreements are generally interpreted differently in different jurisdictions.Hence, this sample is not a substitute for the advice or consultation of a competent attorney.
2 of 4suits, sweaters, jackets, coats, hats, caps and other headwear, scarves, wraps, bathing suits, beachwear,beach cover-ups and other swim wear and body suits, aprons, wallets, backpacks, purses, shopping bagsand the like; household items, including coasters, tablecloths, placemats, floor mats, rugs, and pillows;decorative banners and streamers; dinnerware, mugs and other earthenware; growth charts; stationery,books, stickers, magnets and ornaments; educational items, including creativity curriculums; candy; andfragrances.2. BETA agrees not to object to, oppose, seek cancellation of, or otherwise seek to limit in any waypresent or future registrations owned by ALPHA for the trademark ALPHA covering toys, including playsculpture and building sets, plush toys and books, stackable toys, rattles and teethers, links, puppets,mobiles, play mats, and cards; clothing items and accessories, including sleepers, onesies, pajamas,slippers and other sleepwear, briefs, undershirts, socks, stockings, shoes, t-shirts, tank tops, shirts,blouses, shorts, pants, skirts, dresses, sweatshirts, sweat suits, sweaters, jackets, coats, hats, caps and otherheadwear, scarves, wraps, bathing suits, beachwear, beach cover-ups and other swim wear and body suits,aprons, wallets, backpacks, purses, shopping bags and the like; household items, including coasters,tablecloths, placemats, floor mats, rugs, and pillows; decorative banners and streamers; dinnerware, mugsand other earthenware; growth charts; stationery, books, stickers, magnets and ornaments; educationalitems, including creativity curriculums; candy; and fragrances.3. BETA agrees to never use or seek registration for the mark ALPHA, in connection with toys, includingplay sculpture and building sets, plush toys and books, stackable toys, rattles and teethers, links, puppets,mobiles, play mats, and cards; clothing items and accessories, including sleepers, onesies, pajamas,slippers and other sleepwear, briefs, undershirts, socks, stockings, shoes, t-shirts, tank tops, shirts,blouses, shorts, pants, skirts, dresses, sweatshirts, sweat suits, sweaters, jackets, coats, hats, caps and otherheadwear, scarves, wraps, bathing suits, beachwear, beach cover-ups and other swim wear and body suits,aprons, wallets, backpacks, purses, shopping bags and the like; household items, including coasters,tablecloths, placemats, floor mats, rugs, and pillows; decorative banners and streamers; dinnerware, mugsand other earthenware; growth charts; stationery, books, stickers, magnets and ornaments; educationalitems, including creativity curriculums; candy; and fragrances.4. ALPHA agrees not to object to, oppose, or otherwise seek to limit in any way BETA's use of thetrademark ALPHAWEAR in connection with baby carriers and slings, nursing covers, burp cloths, andwet bags.5. ALPHA agrees not to object to, oppose, or otherwise seek to limit in any way BETA’s use of theALPHAWEAR LOGO, in its entirety, in connection with baby carriers and slings, nursing covers, burpcloths, and wet bags.6. ALPHA further agrees not to object to, oppose, seek cancellation of, or otherwise seek to limit in anyway present or future registrations owned by BETA for the trademark ALPHAWEAR or ALPHAWEARLOGO covering baby carriers and slings, nursing covers, burp cloths, and wet bags.7. ALPHA agrees to never use or seek registration for the marks ALPHAWEAR and ALPHAWEARLOGO, in connection with baby carriers and slings, nursing covers, burp cloths, and wet bags.8. ALPHA and BETA (hereinafter "the PARTIES") agree that, given disparate channels of trade, differenttargeted consumers, and dissimilar focus of the PARTIES' goods and services, the PARTIES havedetermined that their respective uses of their respective marks are not likely to cause any confusion,mistake, or deception as to the source or sponsorship of each of the PARTIES ' goods and services.

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