When a business faces the possibility of conflict and confusion due to similar names, logos or trademarks, it has a few options. One option is to do nothing and hope for the best. While this may not cause problems for some businesses, it's not recommended for growing businesses or those that want to avoid commercial risks.
Another option is to take legal action, where the owner of an earlier mark can oppose a later mark's registration or seek legal relief if the later mark is used. Even if the earlier mark owner chooses not to take legal action, the later business may still seek a declaration from a court that its name or logo does not infringe on earlier rights. The third option is for the businesses to discuss the potential problems and see if they can come to an agreement on how to prevent them from happening. This approach is known as coexistence.
A coexistence agreement can iron out a lot of uncertainties and difficulties before they occur. This may arise:
The same considerations may apply if a bigger business is selling off a subsidiary or broken up into smaller units, each of which wants to be able to make some use of the original business name.
As a rule of thumb, whenever you think that you might at some stage want to sue someone for using your:
Or whenever you think that they might want to sue you for the same reason, a coexistence agreement may be a good idea.
In principal, coexistence agreements enable businesses to protect their own legal interests and shape their own commercial destiny, rather than leaving disputed matters to a court ruling that may be expensive, unfavourable and slow in coming. But you should not enter into a coexistence agreement in the following situations:
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Anybody introducing a new brand identity or planning on offering newly branded services or products should take the necessary steps to protect their trademark.
The answer to this question will differ from agency to agency and based on staffing changes and enhanced technologies at the United States Patent and Trademark Office. If you’re asking us specifically, you can count on the entire application process to take from 08 to 12 months.
It can take up to 10 years. Also, the registration can easily be renewed so long as you have made sure to maintain an uninterrupted use of your trademark in interstate commerce.
If you have a federally registered trademark, you will be able to use the ® symbol. For every other mark, whether unregistered or registered, you will not be required to add a designation. However, we always advise mark owners to attach the ‘SM’ or ‘TM’ symbol to tell the industry that your company name, logo, or symbol is proprietary to your services or goods.
We always tell our clients that we aren’t ‘oddsmakers’. In other words, you get exactly what you pay for. Our teams are skilled in improving the likelihood of your success. They perform clearance to search for similar trademarks before sending out an application and picking a highly distinctive mark.
We Help Drive Your Innovations in The Fast Lane. Complete Your Trademark Registration in Just 3 Simple Steps.
Submit Your Trademark Information
Spend a couple of minutes filling out a simple questionnaire. This will initiate your registration process for your trademark.
Select Your Service & Make the Payment
Get all the details in order! Select your coveted service with Trademark Frontier & make the payment for your desired services.
Thorough Evaluation & Trademark Filing
To ensure that your trademark is completely unique, our team conducts a thorough trademark search across numerous databases and then file your trademark with USPTO.
