270 Legal [Sample Agreements]

TRADEMARK CO-EXISTENCE AGREEMENT

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1. Consent to Co-Exist.

(a) RMC hereby acknowledges and agrees that Popeil shall have the right to use and exploit the Retained Rights (as defined below) in connection with the Marks throughout the universe in perpetuity, in accordance with the terms and conditions set forth herein. RMC shall not object to, oppose or otherwise seek to limit in any way Popeil’s exercise of the Retained Rights; nor shall RMC use or exploit the Retained Rights in any manner.

(b) Popeil hereby acknowledges and agrees that, except as set forth herein with respect to Popeil’s rights to the Retained Rights and Popeil’s rights under paragraph 10 below, RMC shall have the right to use and exploit the Marks throughout the universe in perpetuity in accordance with the terms and conditions set forth herein. Except as otherwise provided for herein, Popeil shall not object to, oppose or otherwise seek to limit in any way RMC’s exercise of its rights to the Marks.

(c) Given the disparate channels of trade, different targeted consumers, and dissimilar focus of the parties’ goods and services, the parties have determined that their respective uses of the Marks are not likely to cause confusion, mistake, or deception as to the source or sponsorship of each of the parties’ goods and services.

(d) The parties agree that in the event that any confusion arises, they will cooperate and find ways to eliminate or minimize the confusion, without the obligation for either party to cease or further restrict their respective uses of the Marks.
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