Bonamark’s client had big plans to expand their confectionary business into the European Union with two new trademarks, both featuring beautifully designed logos with gold as the primary color. But their dreams were nearly dashed when they received a threatening letter from Haribo GmbH & Co. KG, a well-known confectionery company, claiming that the color “gold” used in their application was protected for all confectionary-related products in the EU.
Our client was heartbroken. They had poured their heart and soul into creating their brand, and now it seemed like they might have to abandon their plans for expansion. The prospect of facing off against a large, well-funded opponent in a trademark litigation case was daunting, to say the least. But at Bonamark, we knew we had to fight for our client’s rights.
We dug in and worked tirelessly to negotiate a coexistence agreement with Haribo GmbH & Co. KG. After some back and forth, we managed to secure a win for our client. Haribo GmbH & Co. KG agreed to withdraw their opposition if our client would disclaim “fruit gums” and other related products from the scope of protection of their trademark. Our client was overjoyed; they could now move forward with their expansion plans without any further legal obstacles.
At Bonamark, we understand how much your brand means to you. It’s not just a logo or a color scheme; it’s a reflection of your vision, your passion, and your hard work. We’re committed to protecting your brand and helping you achieve your goals, no matter what challenges arise. Let’s work together to build something beautiful and enduring.
A coexistence agreement in trademarks is a legal agreement between two or more trademark owners, which allows them to use similar or identical trademarks in the same market without causing confusion among consumers.
In this type of agreement, the trademark owners agree to coexist and use their trademarks in a specific way, such as using them only in certain geographic regions or for specific products or services. The agreement may also include other provisions, such as restrictions on marketing or advertising activities that could cause confusion among consumers.
Coexistence agreements are typically used when two or more companies have similar trademarks that may cause confusion among consumers if used in the same market. Instead of engaging in costly litigation to resolve the issue, the companies can enter into a coexistence agreement, which allows them to continue using their trademarks in a way that does not infringe on each other's rights.
Author: Jared Miller. Jared is a trademark consultant at Bonamark.com with an extensive experience in trademarks and patents. He joined Bonamark in 2020.