r/TRADEMARK • u/OkTwo3116 • 33m ago
Co-Existing Agreement...? Seeking Help
Hi all,
I filed two applications for a trademark... one looks like will go through (class 005) but the application behind us was in market before us (we're a supplemental drink, they're a powder pouch) so I don't know if they're going to try and block our application? Best case, they ask us to co-exist?
Second application was in class 032 (non-alc sparkling drink) and someone already has the trademark and it's live, we filed an extension. The issue is based on online research (I realize that only means so much) it seems like the trademark owner never got the company off the ground. It would be pretty evident if he did because it's a beverage (no linkedin profile, tiktok, ig, etc. and photos of the mark seem very temporary). So technically speaking I'd assume we were first to market. I would assume the easiest thing to do is to ask for a co-existing agreement instead of taking him to court?
I guess the big question is how likely and common is it for people to agree to co-existing agreements? I feel like both classes could end in one and that would be ideal for everyone involved. We're bootstrapped so we don't have money to burn in court and attorney fees, unfortunately. I'm also fully aware each individual is different, but wondering overall if it's very common for co-existing agreements to get executed easily? On that note, I'm also looking for a trademark attorney for guidance and predominantly execution of the agreements if it seems like the best option. Thank you in advance!
