Glossary
French: accord de coexistence
A coexistence agreement (accord de coexistence or contrat de coexistence) organizes the parallel existence of two similar trademarks by defining rules under which each may be used without conflict. The concept will be familiar to US practitioners — it is the French/EU counterpart of the consent or coexistence agreements negotiated in US practice — and it plays the same role: allowing the marks to coexist without public confusion, and avoiding or ending a dispute.
Under French practice, the agreement may include provisions on:
The agreement should address not only the current situation but also anticipate new modes of communication.
A coexistence agreement can result from a contract signed by both trademark owners, or even from an exchange of letters if the terms are sufficiently precise. It is often reached through negotiation or mediation, including during the suspension periods available in French opposition proceedings (see INPI opposition).
Its practical benefit is to remove legal uncertainty and avoid the cost of a trademark opposition or infringement litigation. That said, a coexistence agreement is not suitable for every situation — where the marks are too close, coexistence may simply not be workable.
See also: trademark opposition, likelihood of confusion.