آخر تحديث - 12 أكتوبر 2021
A company that intends to expand into new regions, sectors, lines or brand designs should insist on a coexistence agreement and not an approval agreement. This allows the company to address the potential risks it expects to emerge in the future and pave the way for more fluid growth. A consent agreement only allows current use without addressing the inevitable development of trademarks. The Trademark Manual of Examination Procedure (TMEP) can be downloaded free of charge from the USPTO website under www.uspto.gov/trademark/guides-and-manuals/tmep-archives. One of the possible ways to deal with a refusal by the USPTO to register a trademark is to obtain the agreement of the owner of the registration (or application) that blocks the road. To do this, the other party – the one who first registered their trademark – usually needs to be encouraged to cooperate. They may not have “priority” – they didn`t use their trademark first – and so their listing/listing could be challenged. It may be that both parties really have no connection between the services or products and there is no need to spend money and time (and attorneys` fees) on a potential litigation. Where a declaration of trademark authorization gives assurances on the beliefs of both parties with regard to the likelihood of confusion or indicates that both parties have agreed to take certain measures to avoid confusion, it should be signed by both parties or by persons entitled to bind the parties concerned. However, in some cases, a consent document can only be signed by the holder of the cited registration, since only the registrant has given his consent, accepted certain measures or given assurances on the likelihood of confusion.
In these cases, the absence of an applicant`s signature on a consent document does not make the document fundamentally unacceptable, but could affect its pers conviction value with respect to a lawyer`s decision to withdraw the applicant`s initial refusal to register the trademark. 3) A consent agreement is, in many situations, a more economical and reasonable approach in the event of a dispute, and as the economy grows and recovers, most companies prefer, as much as possible, not to spend money on lawyers. How can I view your company`s two sample responses to the USPTO with consent agreement? Trademark agreement agreements generally refer to an agreement between the parties in which a party (e.g. B a former registrant) accepts the registration of a mark by the other party (e.g. B an applicant for registration of the same or a similar mark) or in which each party accepts the registration by the other party of an identical or similar mark. . . .