Protecting Trademark Rights Under Coexistence

Trademark coexistence describes a situation where multiple enterprises use a similar trademark respectively for their products or services in good faith, usually within the same geographical area. It is a form of trademark use in special circumstances.

In some parts of the world, such as the United States, Germany, the United Kingdom, and Japan, trademark coexistence is allowed and can be used as one of the factors for a determination of likelihood of confusion. By signing a coexistence agreement, the enterprises that are using a similar trademark can continue using the trademark without interfering with each other's businesses and proactively avoid trademark dispute or infringement.