43. We use the term `geographical delimitation` for agreements in which the parties agree not to market goods under the conflicting marks in an area reserved for the other party. If there is an agreement between the opposing trade mark owners that there is no real risk of confusion in the market – for example because each undertaking uses a very clearly defined market without overlap – there is no need to initiate costly opposition, annulment or infringement proceedings. 46. For example, Part A transfers its conflicting mark registrations in Area B to Part B and Part B. A revision of European trade mark law (Directive 2015/2436 on European Union trade marks) has made the Community trade mark the trade mark of the European Union and of the Office for Harmonisation in the Internal Market (OHIM) the European Union Intellectual Property Office (EUIPO). In future, all trademark applications will have to accurately indicate the goods and services used. The Parties are aware of the risk that one or more provisions of this Agreement may be annulled or invalidated, contrary to the parties` current expectations. In this case too, the parties wish to deregulate any doubt as to the validity of this agreement. If one or more of the provisions of this Agreement, including this provision, are wholing or partially void or become invalid, or if this Agreement contains a deficiency, the Agreement shall remain valid not only in case of doubt, but shall always remain valid. The Parties undertake to replace, in whole or in part, an ineffective provision with effective provisions which would be closest to the envisaged economic objective of the provision in whole or in part ineffective. Trademark coexistence describes a situation in which two different companies use a similar or identical mark to market a product or service, without necessarily intervening in the affairs of the other.
This is not unusual. Brands are often used by small businesses in a defined geographic area or with a regional clientele. Almost every French city with a train station, for example, has their own buffet restaurant at the station. Often, trademarks consist of the last name of the person who founded a business, and when that name is used, it is not uncommon to find similar companies under the same or a similar name. None of this should give rise to conflicts or disputes as long as the marks in question continue to fulfil their main function, namely to distinguish the goods or services for which they are used from those of competitors. . . .