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Trade mark co-existence agreement
I need a trade mark co-existence agreement to outline the terms under which two companies will use similar trademarks in different geographical regions within Pakistan. The agreement should include clauses on non-interference, quality control standards, and dispute resolution mechanisms to prevent any potential conflicts.
What is a Trade mark co-existence agreement?
A Trade mark co-existence agreement helps two companies legally share similar brand names or logos in Pakistan. When different businesses want to use comparable trademarks without suing each other, they create this binding contract to set clear boundaries about how each mark can be used.
Under Pakistan's Trade Marks Ordinance 2001, these agreements spell out crucial details like which products or regions each company can operate in, how they'll avoid customer confusion, and what happens if disputes arise. They're particularly useful when both parties have legitimate claims to their marks and want to avoid costly legal battles while protecting their brand identities.
When should you use a Trade mark co-existence agreement?
Consider a Trade mark co-existence agreement when your company discovers another business using a similar trademark in Pakistan's market. This often happens when two companies have built legitimate brand recognition in different sectors—like a "Sun" technology company and "Sun" furniture maker—and both want to protect their rights without lengthy court battles.
The agreement becomes essential when expanding into new product lines or regions where trademark overlap might occur. For example, if a Lahore-based company wants to sell nationwide but finds a Karachi business with a similar mark, this agreement can define territorial boundaries and prevent future disputes while saving substantial legal costs.
What are the different types of Trade mark co-existence agreement?
- Basic territorial agreements: Define specific geographic boundaries where each company can use their trademark within Pakistan, often split by provinces or major cities
- Product-specific co-existence: Allow similar marks to operate in different product categories or industries, with clear definitions of permitted goods and services
- Hybrid agreements: Combine both territorial and product restrictions, useful for companies expanding across multiple sectors and regions
- Time-limited arrangements: Set temporary permissions during brand transitions or market entry phases, with defined expiration dates
- Cross-border variations: Specially structured for Pakistani companies dealing with international trademark holders, addressing import/export considerations
Who should typically use a Trade mark co-existence agreement?
- Business Owners: Companies seeking to protect their trademarks while allowing similar marks to coexist in different markets or regions across Pakistan
- Intellectual Property Lawyers: Draft and review Trade mark co-existence agreements to ensure legal compliance and protect client interests
- Brand Managers: Help define acceptable usage parameters and monitor compliance with agreement terms
- IPO-Pakistan Officials: May review these agreements during trademark registration or dispute processes
- Marketing Directors: Ensure brand strategies align with agreement restrictions and opportunities
- Corporate Legal Teams: Maintain and enforce agreement terms, handle violations, and manage updates
How do you write a Trade mark co-existence agreement?
- Trademark Details: Gather registration numbers, classes, and usage history for both parties' marks from IPO-Pakistan records
- Market Analysis: Document current geographic territories and product categories where each mark operates
- Usage Parameters: Define exact ways each party can display their mark, including size, color, and placement restrictions
- Dispute Resolution: Outline specific Pakistani courts or arbitration bodies for handling conflicts
- Business Plans: Map future expansion plans to prevent overlap in new markets or products
- Document Generation: Use our platform to create a legally sound agreement that includes all required elements under Pakistani trademark law
What should be included in a Trade mark co-existence agreement?
- Party Details: Full legal names, registration numbers, and contact information of both trademark owners
- Mark Descriptions: Precise details of both trademarks, including registration numbers and classifications under IPO-Pakistan
- Territory Definitions: Clear geographical boundaries within Pakistan where each mark can operate
- Usage Parameters: Specific terms about how each party can use their mark, including restrictions and limitations
- Duration Clause: Agreement timeframe and renewal conditions
- Dispute Resolution: Pakistani jurisdiction choice and conflict resolution procedures
- Termination Terms: Conditions for ending the agreement and consequences of breach
- Governing Law: Explicit reference to Pakistani trademark laws and regulations
What's the difference between a Trade mark co-existence agreement and a Trademark License Agreement?
A Trade mark co-existence agreement differs significantly from a Trademark License Agreement in both purpose and scope. While both deal with trademark rights in Pakistan, they serve distinct functions in brand management and protection.
- Primary Purpose: Co-existence agreements allow two different companies to use similar marks peacefully in different markets or territories, while license agreements permit one party to use another's trademark under specific conditions
- Control and Ownership: In co-existence, both parties maintain independent ownership and control of their marks. License agreements establish a clear hierarchy where the licensor maintains control over how their mark is used
- Payment Structure: Co-existence agreements typically don't involve fees, as they're mutual arrangements. License agreements usually require royalty payments or licensing fees
- Territorial Scope: Co-existence focuses on defining separate territories or markets to avoid confusion, while licensing typically grants rights within the same market under strict quality controls
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