The U.S. Patent and Trademark Office refuses to register trademark applications for marks that are confusingly similar to existing, registered trademarks.
Oftentimes, the applicant ask their trademark attorney to reach out to the owner of the registered mark to determine if coexistence is possible. The sides may agree to certain restrictions, obligations, and geographic limitations with a formal agreement of coexistence. Larson & Larson attorneys have assisted numerous clients draft coexistence agreements and review coexistence agreements of registered parties. If the parties determine coexistence is an option, these agreements can be a less expensive and faster option to application abandonment or federal litigation.