On The Status Quo And Perfection Of The Trademark Coexistence System In China

The purpose of the trademark coexistence system is to permit and regulate the coexistence of similar trademarks in the same market.This system originated from the case law of the United States and was gradually recognized by national legislation and international organizations in the development of nearly a hundred years.On the one hand,the trademark law should regulate similar trademarks that may cause consumer confusion.On the other hand,the protection of trademark rights is an important legislative purpose of the trademark law,so when the coexistence of trademarks does not have the possibility of confusion and does not harm the public interest,the trademark rights of similar trademark owners should be protected.In China,the third revision of the trademark law established the trademark pre-emption system,and confirmed the right to use the trademark in the form of legislation.In judicial practice,the court also recognized the validity of the trademark coexistence agreement to a certain extent,and affirmed the good-faith trademark coexistence caused by objective factors in some cases.However,the systematic trademark coexistence system has not been established in China,and its importance has not been fully recognized by the academic circle.This paper focuses on the analysis and discussion of the trademark coexistence system.After a brief introduction of the causes and forms of trademark coexistence,it focuses on the analysis of the current difficulties in the practical application of the trademark coexistence system in China,and analyzes the crux from the perspective of judicature and legislation.Then from the legal point of view to improve the system of trademark coexistence,from the trademark law’s legislative purposes,legal rights protection,efficiency value to provide theoretical support for the necessity of the system of trademark coexistence.Through the discussion of the private nature of trademark right,the analysis of the change of trademark coexistence attitude in practice,and the analysis of the theoretical relationship between trademark coexistence and confusion,the feasibility of the perfection of trademark coexistence system is demonstrated.Finally,in view of the problem of the coexistence system of trademarks,this paper puts forward some legal Suggestions to improve the coexistence system of trademarks in China based on the theory of law,and clarifies the principles for dealing with the coexistence of trademarks,legislation and the improvement of supporting systems,so as to provide valuable references for the establishment and development of the coexistence system of trademarks in China.