Set the rules for similar trade marks

It is often worth considering when two businesses have marks that are similar enough to create friction, but not necessarily so incompatible that one side must stop using its brand altogether. The agreement can be useful where both parties want a practical path forward and need written rules around how the marks will appear in the market. Without that document, the same issues can keep resurfacing through objections, complaint letters, customer confusion, marketplace disputes, or arguments about who crossed the line first.

It commonly sets out the marks involved, the parties' agreed areas of use, and any limits on products, services, territories, branding style, logos, domain names, social handles, or marketing channels. It may also deal with how each side presents the mark, whether disclaimers or distinguishing features are required, and what happens if confusion is reported. In some matters, the agreement also addresses future applications, opposition conduct, consent positions, and steps to take before either party expands into a new category or market.

The drafting usually turns on how close the marks are, how each party actually uses them, and where the commercial overlap sits. For example, the agreement may need different boundaries if the issue is word marks only, a logo plus name combination, or a brand used heavily online. We also look at whether the parties sell to the same customers, whether there are existing registrations or applications in play, and whether one side wants room to expand later. Those facts shape how tight or flexible the restrictions should be.

A template may state broad principles, but these agreements usually work or fail on detail. If the wording is too general, it may not say enough about product categories, online advertising, search terms, social media naming, visual presentation, or what counts as unacceptable confusion. That can leave both sides arguing about interpretation later. A tailored agreement is more likely to reflect the actual pressure points between the brands and to record practical rules that each party can follow in day-to-day trading, not just in theory.

The fixed-fee is for the legal drafting and advice connected with the coexistence agreement itself. If the other party or their lawyers are actively negotiating terms, or if separate filing, objection, or registry-related work is needed, that is usually outside this service unless we agree an expanded scope. We can still explain where those extra steps may arise. Keeping that distinction clear helps you know whether you need a document drafted, a negotiation strategy, or broader trade mark support beyond the agreement.

Submit an enquiry on this page or click 'Get started'. One of our legal consultants will review it within 1 business day and get in touch to understand what you need.

Your consultant will then email you a fixed-fee quote setting out the cost, scope and timing. If you're happy with it, you can accept the quote and sign our engagement letter online.

Once you've accepted, one of our Australian-qualified lawyers will work with you to complete your project. They'll contact you by email or phone if they need anything.

Sprintlaw works on fixed-fee pricing wherever possible, so you can review the scope and cost before you decide whether to proceed. For the Trade Mark Coexistence Agreement service, pricing starts from $900.00.

After you enquire, a legal consultant will confirm what is included, the expected timing and whether any extra work is needed before you engage us.

We work online, so we can help wherever you are in New Zealand. Our team works remotely, mainly from Australia.

Your work is done by our Australian-qualified lawyers, who hold Australian practising certificates and specialise in business law. None of them are New Zealand lawyers or hold a New Zealand practising certificate.

Sprintlaw NZ Limited is a legal consultancy, not a law firm, and is not regulated by the New Zealand Law Society. We don't act in court or tribunal matters, conveyancing (including leases and business sales) or other reserved areas of work. Communications with Sprintlaw are unlikely to be protected by legal professional privilege. We still keep everything confidential under our engagement letter.