A trademark coexistence agreement is a written deal between two businesses using the same or similar names, setting out how both can trade side by side. It usually covers which products or services each may offer, where each can operate, how each name is presented and which customers each targets. It works where the two brands can genuinely sit side by side without confusing customers, for example an accountancy firm and a sportswear company, and it can be a practical alternative to a rebrand or a long dispute.
When does a trademark coexistence agreement go wrong?
The best way I can describe it is two neighbours agreeing where the fence goes. It works until one of them builds an extension, and then it becomes a conflict, which is where our trademark representation and protection work comes in. The danger we see is an agreement that only describes today. Problems arise when one business launches new products or moves into the other’s territory, and the agreement says nothing about it. Not every disagreement can be settled this way either. If customers would be confused, a boundary on paper won’t fix that, and a different route may fit better.
How do we approach a coexistence agreement?
We start with what each side owns: the registrations, the goods and services covered, and where each trades or plans to. Then we agree clear boundaries on products, territories, presentation and customers, and what happens if either side grows. Consent also has a formal role in the UK. The Trade Marks Act says an earlier owner’s consent allows a later mark to be registered, and a letter of consent can stop the IPO notifying the owner of an earlier mark it has flagged during examination. Where the drafting needs regulated legal advice, we coordinate with our trusted panel of regulated partners. A free trademark search shows who else is on the register before you start.
What does a good coexistence agreement give you?
You keep the name you’ve built, and so do they, with boundaries that keep working as both businesses grow. Settling it commercially is usually quicker and cheaper than fighting, a point we made in the story of Pho. If talks fail and the other side has filed a clashing application, our trademark opposition service covers opposing it, or defending yours if they oppose first. You can book a free call, email enquiries@thetrademarkhelpline.com or ring 0161 833 5400.
Related questions
- Someone is already using my business name. What can I do?
- What would it cost me to rebrand if I am forced to change my name?
- Can someone steal my business name?
This answer is for information purposes only and does not constitute trademark advice or guidance. Last reviewed 25 September 2026. First shared as a LinkedIn post.
