| In the cases of trademark administrative authorization,in accordance with the provision of the article thirty of the Trademark Law of the People’s Republic of China(the " trademark law "),any trademark in the trademark application has been registered with the other trademark owner in the same or similar commodity;or the trademark office should remiss the trademark office with the same or similar logo in the preliminary approved trademark application.In practice,when a trademark applicant submits a coexistence agreement with the holder of a quoted trademark,the application of a trademark can often be approved by the Trademark Review Committee in the retrial procedure or in the court of appeal.It is worth noting that the agreement on trademark coexistence has not made a clear provision in the trademark law or any other law,and there have been different views in the academic and practical circles.How can the effectiveness of the coexistence agreement be identified? Can coexistence agreements effectively avoid confusion? Should we strictly limit the effectiveness of the coexistence agreement when it comes to public interest? These are the issues I am trying to study through this paper.In the paper,I first think about the legal issues of the trademark coexistence agreement,and further study the nature and function of the trademark coexistence agreement.According to the administrative review and judicial precedents of the domestic related trademark coexistence agreements in recent years,the identification of the validity of the trademark coexistence agreement is summed up at home,and the attitude of the Asian and European countries to the trademark coexistence agreement is summarized by reading the related literature and cases of the European and American countries.My initial conclusions are: the interests of public shall beyond the effectiveness of coexistence agreement.Meanwhile the articles stipulating avoid confusion among the customers are also crucial to the effectiveness.We cannot overweight the importance of the free will to ignore the standard of the agreement. |
