Trademark Coexistence Agreements
Trademark Coexistence Agreements. For many years, the importance given to consent letters or trademarks coexistence agreements used as a tool to prevent or overcome objections or impediments in the registration of trademarks that could be identical or similar, up to cause confusion; and intend to protect the same or similar products or services of trademarks previously requested or registered, because the consent letters or trademarks coexistence agreements, have been considered by some as legal instruments through which the owner of the previously requested or registered trademark states that the trademark requested subsequently is not similar or identical to cause confusion to its and that the use that will be given to both brands in the market is totally different, therefore it is not possible that consumers get confused, remaining in harmoniously coexistence the holders’ ownership rights of the trademarks in question without any affectation.
On the other hand, there are those who consider that the letters of consent or trademarks coexistence agreement as they are legal acts that lack specific regulations that define their formalities, the manifestation of consent that is expressed in them is questionable and therefore the authority may question its validity and without being mandatory to it, and being the only one able to solve the impediments or objections for trademarks registration, might not take them into account when solving the matter.
In the meantime, we have those who defend the position on not giving value to consent letters or trademarks coexistence agreements to dismiss objections or impediments to the registration of identical or similar trademarks that might confuse due to the fact that they should see it for the consumers’ interests not to be confused or deceived and to have access to quality services and products, should also avoid unfair competition and also keep only original, creative and distinctive brands on the market.
However, each of the positions has valid arguments and sustainable criteria, however, given the current reality of trade, the will of the owners to maintain trade agreements that help them avoid long and expensive processes, consumer protection and fair competition, turns out important to attend each particular case and seek the update of the legal framework in order to provide the best possible legal certainty in these cases.
In Bandala, Díaz, García we have the solution you need so do not hesitate and come to us.