In order to avoid or to quickly solve a conflict between two identical or similar trademarks, an agreement of coexistence is often found between two holders of trademarks.
This kind of agreement allows the holders to recognize the absence of any likelihood of confusion ; it can also determine the future use of the signs (for example with a particular graphism, with the adding of another sign...) or of the goods.
The agreements of coexistence must be registered in the French Trademark Register in order to also bind the eventual future holders.
In case of a litigation on the execution of the agreement, the jurisprudence is well established: the agreement of coexistence must be interpreted on a restricive way.
For example if the holder of a trademark agrees that a firm uses a similar sign as a social name, the filing of this sign as a trademark is not allowed.
Accordingly, if the holder of a first trademark allows the use of a mark exclusively in a particular graphism, the use of another graphism will not be allowed and the two parties will have to renegociate the agreement of coexistence for a new graphic presentation.
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