Research On The System Of Trademark Agreement Coexistence

Brand is the important symbol to distinguish the source of goods and services,and it is the representative of corporate reputation,which belongs to the intangible assets of the enterprise.And in the increasingly fierce competition in the market,brand become the main players in the market competition and maintain the active object;which triggered a trademark dispute more and more frequent.The development and perfection of the Trademark Agreement coexistence system is in order to alleviate the conflict of trademark,trademark rights of trademark use in good faith,to realize the harmonious development of the market economy.But at present trademark coexistence agreements system is not systematic and perfect in our country,especially on the legal validity and effectiveness have trademark coexistence agreements have the force of law to the law did not make provisions in practice, so there is a big controversy. Although the law does not clearly defined trademark protocols in the establishment and effectiveness,but whether it is from the theoretical analysis point of view or from the perspective of practice,the establishment of trademark coexistence agreement must have some conditions. First of all,the disputed trademark use of subjective is good;secondly,trademarks and trade must comply with the same or similar conditions, and the issue of trademark and the cited trademark already has a certain reputation,only in this premise,the coexistence of trademark agreement that has practical significance.Trademark coexistence agreements coexist in the agreement is valid or not, not only depends on the rules between the trademark owner’s autonomy and contract law,because of the coexistence of the public interest,so the protocol is in force should also consider the interests of the public, should be more likely to avoid confusion of trademark, the trademark law should comply with the provisions the.If the trademark coexistence agreements have been signed,so from the perspective of autonomy, means that the trademark coexistence relationship has been established. But on the trademark coexistence agreements legal effect,in the trademark registration application,valid trademark coexistence agreements can be registered as trademarks according to the specific circumstances of the case, it shall be regarded.In judicial proceedings,the coexistence of the existence of the agreement,under certain circumstances can become a trademark infringement and trademark infringement exemption evidence.