This template Trademark Co-existence Agreement may be used when a trademark owner consents to another entity’s use and/or registration of a trademark that is the same or similar to the owner’s trademark for use in connection with certain goods and services. This template includes practical guidance, drafting notes, and optional clauses. Parties may enter into a co-existence agreement to avoid future litigation and contested administrative proceedings such as oppositions, to settle a pending opposition or litigation, and/or to enable one party (here, Party 1) to obtain a federal trademark registration for a mark whose application is likely to be refused by the U.S. Patent and Trademark Office (USPTO) on the basis that it conflicts with the other party’s (Party 2’s) earlier-filed trademark registration. For additional guidance on co-existence agreements, see Coexistence and Consent Agreements in Trademark Disputes; see also Gilson on Trademarks § 5.13 and Gilson on Trademarks § ...