Coexistence and consent agreements sound like the friendly, no-lawsuit solution to a trademark dispute. Trademark attorney Jessica Eaves Mathews explains why that reputation is misleading, and why these agreements can quietly restrict your business for years.

In this video, Jessica breaks down the difference between coexistence agreements and consent agreements, when they genuinely make sense, and when founders sign them out of desperation to get past a USPTO refusal without understanding what they’re giving up. She walks through a five-question decision framework covering priority rights, likelihood of confusion, growth restrictions, trademark strength, and enforcement realities, then covers the specific red flags that should make any founder pause, including one-sided restrictions, blocked sales channels, vague language, and no exit clause. She also explains why the USPTO isn’t obligated to accept a consent agreement even when both parties agree to it.

What’s covered:

• The difference between coexistence and consent agreements
• Why these agreements can restrict growth you haven’t planned yet
• A five-question framework for evaluating any proposed agreement
• Red flags that signal a one-sided or dangerous agreement
• Why USPTO approval isn’t guaranteed even with mutual consent