If someone has a trademark that is the same or similar to yours, you can contact the holder and request consent or agreement to the registration of your trademark.
A letter of consent should include:
- Name and address of the holder of the older registration.
- The registration number of the older registration.
- Your name and address.
- The application number for your application.
- A description of the goods and services the consent applies to. If it refers to a partial consent, you must also submit a limited list of goods in accordance with the letter of consent.
- It must be clearly stated in the letter of consent that consent is given to register the trademark. Consent to using the trademark is not sufficient.
- Date and signature (obligatory).
Ole Olsen, the holder of the trademark registration No. 12345, the word mark X, with address Ringveien 1, Oslo, consents to the registration and use of the trademark application no. 56789, the combined trademark X, owned by Lise Hansen, with address Ringveien 2, Oslo, for the following goods and services:
Date and signature
The registration you consent to can be a hindrance if you later want to register a similar mark.
Therefore, you may be wise to enter into an agreement where you and the proprietor of the other trademark agree not to hinder each other's trademark registrations for the future as well.
Such an agreement can be in the form of a co-existence agreement.