Structuring Trademark Coexistence Agreements: Evaluating and Negotiating Agreements to Resolve Trademark Disputes

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Wednesday, June 3, 2020

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Course Materials

This CLE course will guide counsel to trademark owners on negotiating and drafting coexistence agreements. The panel will offer strategies for pursuing, negotiating, and structuring such contracts.


Trademark coexistence agreements are widely used in trademark practice--most commonly to avoid or resolve infringement litigation, opposition or cancellation actions, or to obtain consent to the registration of a mark.

Counsel to trademark owners must understand and carefully consider the potential benefits and disadvantages of pursuing a coexistence agreement, before advising a client to seek or agree to a coexistence agreement.

Listen as our authoritative panel of IP attorneys examines coexistence agreements and outlines strategies for each stage of the process--from deciding whether to pursue an agreement to negotiating and structuring the contract.



  1. Agreements: defined/characteristics, differences in agreements, the context in which they arise, and issues that arise
    1. Distinguishing coexistence, consent, concurrent use, and license agreements
    2. Key terms
    3. When to ask
    4. Potential disadvantages
  2. Limitations on use and registration
    1. Geographic scope
    2. Scope of goods
    3. Future expansion
    4. Ongoing cooperation
  3. International considerations


The panel will review these and other key issues:

  • What factors should counsel consider when weighing the use of a coexistence agreement?
  • What are terms to include in coexistence agreements, and how should such agreements be framed to protect the client's mark?
  • What are the risks to be aware of in negotiating coexistence agreements?


Flanagan, Patricia
Patricia M. Flanagan

Fox Rothschild

Ms. Flanagan assists emerging and industry-leading companies in protecting and enforcing their U.S. and international...  |  Read More

Grahn, Barbara
Barbara J. Grahn

Fox Rothschild

Ms. Grahn counsels clients in a range of trademark, copyright and advertising matters. She handles U.S. and...  |  Read More

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