The Determination And Regulation Of Trademark Coexistence

The coexistence of trademarks comes from the development and improvement of Tea Rose-Rectanus Doctrine.With the development and deepening of the study of trademark theories,trademarks have existed in major countries in the world have formed a complete legal system.Our country's regulation on trademark coexistence legislation is marked by the adoption of confusion theory and the establishment of a trademark first use right system.The establishment of a complete trademark coexistence system is an important issue for the improvement of China's trademark legislative system.This article is based on China's current trademark legislation and the actual situation of China's trademark management,attempts to build a trademark coexistence under the existing trademark law system,and improve trademark legislation.The article is divided into five chapters.Starting from the origin and concept of the coexistence of trademarks,the author makes a double analysis of the validity and necessity of the coexistence of trademarks.Under the background of our country's trademark legislation,we explored four types of trademark coexistence: the coexistence of trademarks based on the reduced possibility of confusion,the coexistence of trademarks based on the trademark first use rights system,the coexistence of trademarks based on the invalidation announcement system,and the coexistence of trademarks based on the coexistence agreement.In order to improve our country's trademark coexistence system,the article also selected the United States,the European Union and Japan for the legal regulation of trademark coexistence,based on the perspective of the comparative law to obtain the inspiration and enlightenment of our country's trademark coexistence construction.Based on the integration of China's legislative and judicial realities and learning from foreign advanced legislative experience,relevant suggestions on the coexistence of trademark recognition and regulation are proposed.The coexistence of trademarks is not only related to the personal interests of right holders but also affects the public interest at the same time,clearly defining the boundaries of the coexistence of trademarks,and regulating the use of coexisting trademarks,which is incompatible with the construction of a complete trademark coexistence system and the full protection of the interests of all parties under trademark rights.The role of neglect.