Co-Branding Marketing Agreement

Company A`s ability to derive its own profits from co-branding may depend on the interpretation of the fundamental terms of the underlying licensing agreement, issues such as trademark rights, exclusivity, territory, commercial channels and co-branding ownership that are the subject of litigation and an unpleasant divorce between the parties. A co-branding partnership can establish the reputation and value of one or both brands depending on the circumstances; Therefore, their cessation could trigger a bitter conflict between the parties by initiating competition rather than cooperation. CONSIDERING that PCT Patent Co. and International Lawyer Co. intend to enter into a marketing agreement that provides for the development and commercialization of a co-branding version of PCT Patent Co.`s services that will be used by International Lawyer Co. customers (the “customers”); Co-branding campaigns often generate advertisements in the form of news or industry articles, social media exposure and word of mouth, because they use two brands known for a single product or service. Examples of successful co-branding projects include Walkers` Ketchup and pot potato chips in the UK and Breyers` Oreo cookies and cream-flavoured ice cream in the US – a partnership that has been around for many years. In addition to its crispy flavours, Walkers recently partnered with Leicester City Football Club to expand its routine sponsorship with a co-winner – Salt and Victory that pays tribute to Leicester`s historic 2015/2016 season. As the global market becomes a larger and more expensive stage for the sale of goods and services, many brand owners have chosen co-branding as a cost-effective way to reach as many consumers as possible. However, as with all partnerships, co-branding has its positive and negative aspects, and there is always valuable brand goodwill at stake.

Does co-branding improve cooperation and create a stronger brand for both companies? Or does it promote competition, thereby watering down the strength of each brand and confusing? The answer to these two questions can be and depends on several factors, including the success of the campaign, industry conditions, contractual terms and legal strategies of the parties involved. Although other forms of intellectual property (for example. B copyright, patents and advertising rights) can be the subject of co-branding campaigns, this article focuses exclusively on brands.