Legal Reflection On Establishing Chinese Concurrent Use Of Trademark System

Due to the establishment of modern trademark legal systems such as the territoriality of intellectual property rights and the trademark registration system,along with the advent of economic globalization,the growth of economic volume will inevitably lead to the emergence of trademark coexistence,which in turn will promote the development of “Tilos-Leggett Nath”.The rule represents a series of trademark coexistence systems.The emergence of the trademark coexistence system is not only caused by the vigorous development of the social market economy,it is also the embodiment of the market body’s pursuit of freedom and freedom-based market order in the ancient natural law,and has the theoretical value and justification of natural law.For the time being,in the form that the EU,the United States,and the World Intellectual Property Organization have adopted an accredited attitude towards trademark coexistence,China has presented an extremely contradictory situation in its legislative and judicial practice: on the one hand,legislation has taken A conservative and cautious attitude towards the lack of trademark coexistence system based on different rights subjects based on trademark exclusive rights;on the other hand,the judicial case has also been identified by case,and the specific analysis of specific cases has accepted the trademark coexistence system to some extent.In my opinion,the root cause of this contradiction is the legislator’s fear of trademark confusion.In view of this point,in the fifth chapter of the thesis,the author analyzes the criteria for the determination of trademark confusion and puts forward the idea that it is only meaningful to think about trademark confusion under the possibility of infringement.In the end,this paper is based on how to avoid the possibility of "confusion" of co-existing trademarks.It is the primary problem to be solved in the establishment and development of the trademark coexistence system.Two suggestions for legal thinking are proposed for the construction of the Chinese trademark coexistence system:(1)Only the consent is held.Only if the appearance of legal rights is available,can the agency be used and the trademark registration review administrative authority approve the registration;(2)once the coexistence Infringement of socially-related public is caused by the standard,and any co-existing public may choose to co-exist with the trademark for compensation.The principle of imputation shall be applied to the presumption of fault-finding.The co-existing person for which compensation is sought shall pay full compensation in time;if not,The co-existing person causes damage to the relevant public interests of the society.The co-existing person of the trademark may claim compensation from other co-existers of the trademark.The principle of fault liability shall be applied.If other co-existing parties believe that they are not at fault,they shall submit a defense without fault.evidence.