An agreement - also sometimes known as a "partition agreement" or "consent agreement" - between a foreign and a Chinese party in which they agree that each may continue to use its own trademarks without interference from the other, subject to restrictions. Referred to in Chinese as 商标共存协议. Such agreements are often prepared with a view to submitting them in support of a foreign party's application to review a decision by the China National Intellectual Property Administration not to register the foreign party's trademark in China, as evidence that Chinese party (which owns a similar trademark registered in China) does not object to the registration.

Adapted from the English-law governed Standard Document, Trademarks Co-Existence Agreement for use in China and drafted to be used in contracts governed by the laws of China. It can also be used in contracts governed by the law of another jurisdiction with only minor tailoring.

This Standard Document is available in Chinese. To download a Word version of this standard document in Chinese, click Standard Document, Trademarks Co-Existence Agreement: China (Chinese Language Version).