1 TRADEMARK CONSENT AGREEMENT AGREEMENT

TRADEMARK CONSENT AGREEMENT
AGREEMENT dated as of _____________________________ between
_____________________________________________________________ ("ABC") and
____________________________________________________ ("XYZ").
A.
A. ABC has adopted and used, and is using the trademark
"___________________" in the form attached as Exhibit A ("ABC's Trademark") for
_______________________________________("ABC's Goods") distributed through
______________________________("ABC's Trade Channels") in the geographic area of
_____________________________________ ("ABC's Territory").
B.
XYZ intends to adopt and use the trademark "______________________" in the
form attached as Exhibit B ("XYZ's Mark") for ____________________________________
("XYZ's Goods") distributed through _____________________________ ("XYZ's Channels") in
the geographic area of _____________________________________________ ("XYZ's
Territory").
C.
The parties mutually believe that the simultaneous use of their respective marks is
not likely to cause confusion because of differences between their respective forms of display,
the goods for which they are respectively used, the respective trade channels through which they
are distributed and the different geographic areas in which they are used.
Therefore, to assure the avoidance of conflicts, and in consideration of the foregoing and
the covenants set forth below, and for other good and valuable consideration, receipt of which is
hereby acknowledged, it is agreed:
1.
ABC's Rights. ABC will have the right to continue to use and to register
ABC's Mark for ABC's Goods, and XYZ will not object to such use or registration. As long as
this agreement remains in effect, ABC will not use or seek to register ABC's Mark in the form of
display shown for XYZ's Mark in Exhibit B; nor will ABC use ABC's Mark for XYZ's Goods, or
in XYZ's Trade Channels or in XYZ's Territory; nor will ABC oppose the registration of XYZ's
Mark for XYZ's Goods.
2.
XYZ's Rights. XYZ will have the right to continue to use and to register
XYZ's Mark (in the form of display shown in Exhibit B) for XYZ's Goods, and ABC will not
object to such use or registration.
As long as this agreement remains in effect, XYZ will not
use or seek to register XYZ's Mark in the form of display shown for ABC's Mark in Exhibit A;
nor will XYZ use XYZ's Mark for ABC's Goods, or in ABC's Trade Channels or in ABC's
Territory; nor will XYZ oppose the registration of ABC's Mark for ABC's Goods.
3.
Further Action.
Each party will, without further consideration,
execute and deliver to the other such instruments of agreement or consent, and take such other
action, as the other may reasonably request to carry out the provisions of this agreement.
4.
[If there is a geographic division or Internet website] Advertising. Each
party's advertising bearing its Mark which is intended or likely to be seen or heard by customers
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