In order to meet the definition of „approved user,“ it is customary for licensing agreements to specify how control is exercised by the trademark holder. Typically, this is done through a quality control clause, which outlines the standards that certain products or services must meet before the mark can be affixed. In addition, there may be some inspection requirements to ensure that these standards are met. One way to achieve this objective would be to invoke the Forum executionis (jurisdiction of the courts of the place where the obligation must be respected), as set out in the European Union, for example, in Article 7.1 of the Brussels I Regulation. However, the eventual application of this jurisdiction will depend on how the agreement`s commitments have been detailed. The reason for this is that the Court Execution Forum „of the place where the duty that constitutes the basis of the complaint was or is to be carried out“ is designated as competent, but not the place where the breach took place. In cases where the co-existence agreement defines in detail the countries in which the mark cannot be used or registered, it can be considered that there are several obligations that involve non-registration and use, which must be respected in a single state. Therefore, if the agreement provides that a party cannot use a trademark in Spain and Italy and that party uses it in Spain, it can be considered that the obligation not to use it in Spain has been violated and, therefore, the Spanish courts have jurisdiction. The negotiation of co-existence agreements is certainly a common matter and from the council`s point of view when a trademark conflict arises (as has been said among practitioners, a bad agreement is always better than a good judicial procedure). In these agreements, the parties undertake to cease the use of either mark and/or to refrain from registering certain distinctive signs within a more or less long period (usually indefinitely). The scale of the activity of companies involved in such conflicts around the world, as well as the territorial scope of trademarks, mean that such commitments are spreading in many countries, and even around the world. Yes – exclusivity, not exclusive, partial, etc.; It depends on the licensing agreement. Can trademarks be protected by other IP rights (for example.
B copyright, designs)? It is important that, while there is no requirement for the takers to meet the definition of an „approved user,“ only the authorized use is considered a use by the registered owner.