Trademark Agreements

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No two snowflakes or fingerprints are ever the exact same, however they are often difficult to differentiate between.  Similarly   it can often be hard to distinguish one  trademark from another.  Trademarks can, on occasion, share similar properties.  In such instances, agreements can be negotiated between the owners of the related trademarks .

Essentially, a trademark agreement is an agreement negotiated between two owners of separate trademarks, where they agree the respective rights of each owner to their respective trademarks.  Generally, the agreement will contain provisions which regulate the rights to the business names, brands or trademarks involved.  This ensures that  the legal rights of both parties are preserved, and serves to mitigate against future possibilities for conflict with another brand, business name or trademark.

The need for trademarks agreements can arise for a variety of reasons such as when an application to register a trademark is being opposed by another owner of a similar trademark or when the involved parties may have used the business names in honest concurrent use.  Occasionally, there may be differences in the territories or trades involved between the conflicting trademarks.

BATTLE are experts in negotiating trademark agreements because we:

  • Deal with registered trademarks and related issues in our core business.
  • Understand the legal rights of trademark owners.
  • Help parties to agree on their core rights to business names.
  • Assist our customers to negotiate and obtain a trademark agreement with any rival trademarks.

If you need further advice on obtaining or creating a trademark agreement please contact BATTLE today.

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