Trademark Consent and Co-Existence Deed

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At a Glance

Trademark Consent and Co-Existence Deed

This Trademark Consent and Co-Existence Deed is used when a trademark applicant seeks consent from an existing trademark owner to register a new mark that is similar in appearance to an existing registered trademark. It provides certainty to both parties and supports registration with IP Australia.

What This Deed Covers

• Acknowledgement of ownership of existing trademarks and the new logo
• Confirmation of no likelihood of confusion between marks
• Consent to trademark registration by the applicant
• Assistance with applications, objections, or office actions at IP Australia
• Costs associated with consent and registration assistance
• No licence granted to either party’s trademarks beyond this deed
• Co-existence conditions for ongoing use
• Mutual warranties confirming authority, validity, and binding obligations
• Execution requirements for parties as a deed

Why Use This Template?

• Supports smooth registration of a new logo when similar marks exist
• Protects the interests of both existing and new trademark owners
• Provides legal certainty for coexistence of trademarks
• Ensures enforceable obligations and cooperation with IP Australia
• Easy to edit, customise, and implement

Suitable For

This precedent is ideal for businesses seeking to register a new logo or mark that resembles an existing trademark, where cooperation and consent from the existing owner is required to avoid disputes and enable coexistence.

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