The Research On Legal Issues Of Co-Existence Trademarks

The coexistence of trademarks means that different market participants use the same or similar trademarks for the same or similar goods or services for legal and subjective purposes without any possibility of confusion and without prejudice to consumers and the public interest.In fact,foreign trademark practice,trademark coexistence has been generally prescribed.However,the provisions of our trademark law on the coexistence of trademarks are not perfect,and the standards of judicial practice are different.Through the research on the coexistence of trademarks,it will be helpful to perfect our country’s trademark acquisition system and trademark infringement theory,especially for the improvement of confusion theory.At the same time,it will be helpful to improve the judge’s understanding of trademark coexistence.Unjust justice.By analyzing and studying foreign legislative experience,this paper analyzes the existing problems in the legislation of trademark coexistence and judicial issues in our country and puts forward some suggestions.The first chapter mainly states the origin of coexistence of trademarks and the concept of coexistence of trademarks.Trademark coexistence originated in the second half of the 19th century.Through the concept of trademark coexistence between WIPO and domestic scholars,simply speaking,the coexistence of trademarks means that the use of the same or similar trademarks does not lead to confusion.According to the concept of coexistence of trademarks,coexistence of trademarks can be divided into four situations.The second chapter is the analysis and study of the coexistence of foreign trademarks and judicial practice.Through studying,studying and adopting the relatively sound trademark legislation system and judicial application principles in Britain,Australia,the United States,Japan and other countries,and comparing the shortcomings of the coexistence of trademarks in our country,we seek the legal solution and basis for the coexistence of trademarks in our country.The third chapter explores the status quo and analysis of our country trademark coexistence.This chapter mainly summarizes the status quo of legislation on the coexistence of trademarks in our country,and analyzes the reasons for the formation of coexistence of trademarks by judicial practice in our country.It also summarizes the subjective elements and objective elements that our trademark coexistence needs.The fourth chapter analyzes the legal issues of the coexistence of trademarks in our country.Through the analysis of the status quo of the coexistence of trademarks in chapter three,the legal issues of coexistence of trademarks in our country are summarized respectively from the aspects of legislation and judicature.The fifth chapter puts forward some suggestions to solve the legal problems of our country’s trademark coexistence.First,We should regulate the system of coexistence of trademarks from the aspect of legislation;second,It is necessary to clarify the rules of coexistence of trademark coexistence from the judicial level.