Research On Legal Problems Of Coexistence Of Trademarks

Trademark coexistence refers to the phenomenon in which different market subjects, based on a legal reason, have the right to use the identical or similar trademarks on which they respectively have independent trademark right for identical or similar commodities, which is tolerated to cause some possible confusion to the consumers to some extent. Though the trademark law of China has also some related provisions on trademark coexistence, comparatively speaking, the awareness of trademark coexistence is weak in the trademark law of China. The issue of trademark coexistence has attracted attention from the legislatures of many nations or regions in the world, has become the object of legislative regulation and been active in the juridical practice of trademark. Starting from the definition of trademark coexistence, the essay analyzes the legitimacy of trademark coexistence, combs the legislative norm of trade coexistence from the perspective of comparative law, summarizes the key components of trademark coexistence and finally makes suggestions for establishing a trademark coexistence system of China by analyzing the legislative and juridical status quo of trademark coexistence in China.