Coexistence negotiation: stages and deadlines
Coexistence negotiation is the process by which two trade mark holders agree, without litigation, that both marks may stay on the register and in use in defined markets. It runs through four stages: opening contact, evidence exchange, terms drafting and signature. Missing an early deadline shifts control to the other side and narrows the terms you can still negotiate.
What changes once negotiation opens
Once one side sends an opening letter, the clock starts on two tracks at the same time. The first track is internal: the person who signs off on brand strategy needs a mandate before any offer goes out. The second track is external: most opening letters carry a response window, and silence past that window is treated as a signal, not as neutrality.
The same mechanic appears in other registers. In A validation deadline was missed patent when the other side moved first, the party that let a fixed window close lost the ability to set the terms of what followed. Coexistence negotiation works the same way: whoever answers first usually frames the split of markets, classes or channels that the other side then reacts to.
Delay does not stop the underlying conflict. A pending opposition, a cancellation action or a customs seizure request keeps running on its own clock while the negotiation continues in parallel. The two clocks do not pause each other.
The four stages
| Stage | What happens | Typical duration |
|---|---|---|
| Opening contact | One side sends a letter proposing coexistence terms, without admitting infringement | 1–2 weeks to draft and send |
| Evidence exchange | Both sides share proof of actual use: goods, territories, channels, dates of first use | 3–6 weeks |
| Terms drafting | Counsel drafts the delimitation clauses: market split, class limits, get-up, renewal of the deal | 2–4 weeks, longer with multiple jurisdictions |
| Signature and filing | Parties sign; if the relevant office accepts a letter of consent, it is filed against the pending matter | 1–2 weeks |
The table gives a working range, not a promise. A negotiation with one counterparty and one jurisdiction moves faster than one that touches several registers and several product lines at once.
What to do
- Brand owner confirms the scope of the conflict: which goods, which classes, which territories overlap.
- Counsel drafts the opening letter without admitting infringement and without waiving any right.
- Both sides exchange evidence of use: invoices, packaging, dates of first sale, advertising reach.
- Counsel negotiates the delimitation terms: geographic split, class narrowing, distinctive get-up, duration of the deal.
- Both parties sign the coexistence agreement, and counsel checks whether the relevant office requires notice of it.
- The filing party lodges the letter of consent or amended specification where the office allows it.
Who decides, and by when
Nobody decides for the parties while negotiation is open — that is the point of it. A decision-maker enters only if talks stall: the office handling a pending opposition or cancellation, or a court if proceedings have already started. Once either forum is seized, its own procedural deadlines take over, and they do not wait for a private settlement to catch up.
Where documents change hands during evidence exchange, the logic mirrors a wider pattern. In Audit rights procedure, the requesting party sets the scope first and the other side answers within a stated window. Coexistence evidence exchange runs on the same rhythm: define what is being asked for, name a deadline, and treat silence as an answer.
Where the office requires formal notice that a conflict has been resolved by agreement, the packet resembles the one used elsewhere for regulatory notice. Notification to the supervisor: documents to prepare lists a cover letter, the underlying agreement and proof of signing authority — the same three items an office typically expects with a letter of consent.
If your situation differs
- If the other side does not answer the opening letter within the stated window, treat that silence as a decision to proceed with the pending matter, and prepare submissions on that basis rather than waiting further.
- If evidence of use on either side is thin or missing dates, the negotiation slows down, because neither party can price the risk of losing the underlying dispute without it.
- If the parties agree on principle but disagree on the geographic split, put a narrower interim agreement in place first and negotiate the wider split on a separate track.
What this page does not cover
This page sets out stages and deadlines. It does not draft the substantive wording of a delimitation clause, and it does not tell you how a court would rule if negotiation fails — that depends on facts this page has no way to weigh. It also does not size the value of the underlying brand or estimate what a settlement is worth to either side. For a structured picture of what a due diligence file can establish about an asset before a negotiation like this starts, see Asset in Liechtenstein in detail.
Verified
Reviewed on 2025-01-14. This page describes procedural stages and typical timing; it does not cite specific statutory provisions, because the underlying national implementing rules for this topic are not yet confirmed in our source register.
Related reading
If the other side has already filed for interim relief rather than opening negotiation, the timing works differently. See How interim relief in brand disputes trade mark runs for the stages that apply once an injunction request is on the table.
FAQ
How long does coexistence negotiation take in practice?
Most negotiations with one counterparty and one jurisdiction close within eight to twelve weeks from the opening letter to signature. Multiple jurisdictions or multiple product lines usually add four to eight weeks.
Which documents are needed to start?
You need proof of your own use: dated invoices, packaging samples, advertising material and a clear list of the goods or services and territories in question. Without dated evidence, the other side has nothing concrete to respond to.
What happens if the other side does not respond?
Silence past the stated response window is treated as a refusal to negotiate. The party that opened the letter then proceeds with whatever pending matter prompted it — opposition, cancellation or a customs request — on the original timetable.