Study On The Criterion Of The Trademark Coexistence

Trademark coexistence refers to different market subjects use the same or similartrademark on the same or similar goods legitimately coexist. There is no clear legalprovisions of trademark coexistence in our country at present, but there are alreadysome trademarks were ended in the coexistence legitimately of cases. This paperillustrates the concept, origin and reasons of trademark coexistence, demonstrating thelegitimacy of the trademark coexist, study the trademark coexistence legislation andjudicial practice in the world’s major countries and regions by the comparativeanalysis, and then analyse our country trademark coexistence of legislative andjudicial status quo by empirical analysis, and finally put forward my own view on thecriterion of trademark coexistence and the application of the concrete system.The first chapter summarizes briefly the concept, origin, evolution, and causes oftrademark coexistence. The second chapter analyses legitimacy foundation of thetrademark coexistence, including the principle of fairness and justice and the principleof balancing of interests. Natural rights theory and confusion theory are theoreticalpremise. The third chapter introduces the trademark coexistence legal system of theworld’s major countries and regions, provides a reference model for our country. Thefourth chapter analyses the progress and defects of the new revised trademark law,and standard of judicial precedents. The fifth chapter on the base of legislation ofother countries and China’s reality, put forward my own views on the criterion andapplication of concrete system.