Research On Trademarkr Coexistence

In recent years, the trademark coexistence is common phenomenon in society. The trademark coexistence has already formed a relatively complete legislation in other countries, foreign scholars’ research on this issue is close to maturity. However, in China, legislation of the trademark coexistence is still absence and disputes from practices still exist. Therefore, this research, according to relevant theories with overseas trademark coexistence system as references, tried to put forward feasible and practicable method for construction of trademark coexistence system in our country.Specifically, the first chapter roughly introduces the trademark coexist including analyzed the causes of trademark coexistence, defined trademark coexistence concept, enumerated the specific trademark coexistence situation and summarized the commonness of trademark coexistence phenomenon. The second chapter mainly discusses theoretical issues related to the coexistence of trademark system including: the confused understanding of possibility, the trademark coexistence of subjective good faith judgment, the trademark coexistence system in the view of law, economics analysis and paternalism and freedom of contract in the role of trademark coexistence system building. The third chapter focusing on abroad, mainly addressed the trademark system of coexistence in other major countries around the world and further analyzed the coexistence of trademark system, building foundation of brand coexistence system in our country. The fourth chapter makes suggestions about construction of trademark coexistence system in China. Legislation of the trademark coexistence system could be considered at appropriate time.Above all, this article through both theoretical and practical aspects analyze the related problems in society and provided a feasible solution for these problems.