Consent Agreement
(Trademark, Short Form)


Summary

This short form trademark consent agreement is between a trademark applicant (junior user) and a trademark registrant (senior user) who owns a preexisting trademark registration and consents to registration of the applied-for mark. It may be used by the applicant to overcome a likelihood of confusion refusal based on the preexisting trademark registration. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. A trademark consent agreement is a contract that allows two potentially conflicting trademarks to coexist in the marketplace and on the Principal Trademark Register. Most consent agreements are relatively basic and are designed to overcome a likelihood of confusion rejection. Under a consent agreement, the senior user consents to the junior user's registration of the same or a similar mark, and both parties represent that registration of the mark is not likely to cause consumer confusion. The agreement is typically limited to issues of ...