Study On The Effectiveness Of Trademark Coexistence Agreement In Trademark Authorization

In the trademark administrative authorization process,in general,if two trademarks constitute the same or similar trademarks on the same or similar goods,considering that the co-existence of two marks at the same time and the same market may cause confusion and misunderstanding of relevant public,then the post-trademark will not be registered or revoked.However,if the above-mentioned prior trademark owner and the subsequent trademark applicant reach an agreement on the peaceful coexistence of the two trademarks,whether the post-trademark can be granted registration,the trademark law does not clearly stipulate this,The views of administrative review and judicial adjudication in the trial practice are also different.Signing a trademark coexistence agreement is one of the reasons for the coexistence of similar trademarks.Under the trademark registration system of China,there is no law or regulation that specifies the content,effectiveness,considerations and criteria of the trademark coexistence agreement.In addition,How can an agreement influence the registration of trademarks is unkown.In practice,trademark review authorities and courts have always had various disputes and conflicts when they were identified.Therefore,trademark coexistence agreements have great instability and uncertainty in their application.The first part of this paper will first define the concept of the trademark coexistence agreement,and analyze the legal relationship of the trademark coexistence a greement to determine the essential attributes of the coexistence agreement,and at the same time sort out the two value bases of the trademark coexistence agreement,which is the trademark coexistence agreement.Research provides a theoretical basis.The second part explores the authorization rules in the trademark registration process by analyzing the nature of the trademark ownership and the purpose of the trademark law legislation and the content of the trademark coexistence agreement to determine how the coexistence agreement affects the trademark registration.The third part is based on the administrative and judicial case studies of trademark coexistence agreements inside and outside the domain.On the one hand,it summarizes the different attitudes o f relevant institutions in China in the face of trademark coexistence agreements.On the other hand,it compares and analyzes the successful models outside the domain,and considers the trademark coexistence agreement in China.The construction and improve ment of the system provides a basis for comparative law to explore the judicial predicament and reasons for the application of the trademark coexistence agreement.On the basis of the above research,the fourth part establishes the judgment standard of the effectiveness of the trademark coexistence agreement in terms of the legal attributes of the trademark coexistence agreement.On the other hand,it regulates the trademark coexistence agreement system to apply the rules in the trademark authorization procedure of China,and at the same time,due to the existence of the trademark coexistence agreement.Uncertainty,how to provide effective remedies when a party disputes the use of a trademark outside the safe harbor as stipulated in the coexistence agreement.