The Norm Of Coexistence Of Trademarks From The Perspective Of Confusion Potential

As an intangible property,the actual and potential economic value brought by a trademark is becoming more and more considerable in commercial activities,and the trademark activities of various countries are also becoming more and more active with the process of economic globalization.There are some common legal issues in the legal or commercial activities related to the exercise of trademark rights,such as trademark registration,transaction,use,and litigation.Among them,the phenomenon of trademark coexistence has caused a long-term discussion and research around the world.In China,with the increasingly prominent problem of trademark coexistence in commercial activities,scholars have deepened their research on this issue,and have reached consensus on some issues.However,the development of intellectual property is changing with each passing day,and the mature theories of many European and American countries have been gradually introduced into the construction of our country’s trademark system.Therefore,many issues concerning the identification and regulation of trademark coexistence need to be reconsidered.The current "Trademark Law" does not clearly stipulate the trademark coexistence system.The trademark coexistence theory is only reflected in the provisions of the right of prior use of trademarks,the right of invalidation and the right of revocation.The formation of a unified discussion premise makes some trademark coexistence problems impossible to solve,hinders the construction of the trademark system,and affects the development of related economies.Looking at the development history of trademark law around the world,it can be found that the principle of confusion has gradually been established as the core principle of trademark law,playing an important role.Therefore,using the theory of likelihood of confusion to solve the problem of trademark coexistence in my country has practical effect and is in line with the legislative thinking of trademark law.There are a lot of disputes on the definition of trademark coexistence in the theoretical circles of our country,and it is difficult to unify the definition of the scope and the logic of the definition.By introducing the possibility of confusion theory,the concept of trademark coexistence can be determined as the situation where different business entities legally coexist by registering or using the same or similar trademarks that compete for the same or similar goods or services within the same jurisdiction.There is also much controversy in the process of applying trademark coexistence in the business world.Misunderstandings such as the trademark coexistence system not being recognized,denying confusion but admitting coexistence,and using coexistence agreement to judge the possibility of confusion all affect the uniformity of the trial results and the authority of the law stability and the stability of the trademark market.Therefore,establishing the legitimacy of trademark coexistence and clarifying the identification and regulation methods of trademark coexistence have become the key to solving the above problems.In discussing the legitimacy of trademark coexistence,from the perspective of demonstrating.It is in line with the legislative purpose of trademark law and has legitimacy combined with a balance between the theory of value and the theory of potential confusion through the analysis of the entire trademark.It is concluded that the establishment of trademark coexistence can ensure the unity of the overall value orientation of trademark law.Regarding the identification of trademark coexistence,it should be clearly determined that trademark coexistence must be recognized on the premise of the possibility of confusion,follow the principle of individual cases,comprehensively consider factors such as the user’s subjective intention,the established market structure,and coexistence agreements,and grasp the identification problem as a whole.In order to ensure the integrity of coexistence norms and the realization of the interests of trademark owners,consumers and the public domain,regulatory measures to reduce confusion after coexistence are identified are essential.By adding distinguishing marks to conflicting trademarks,limiting the scope of application of conflicting trademarks and the way of use,etc,the method of fulfilling the obligation of distinguishing can be specified,and the consequences of not fulfilling the obligation of distinguishing can be determined,so as to ensure the integrity of the trademark coexistence system and realize the The protection of the three major legislative purposes of the trademark law from an equitable perspective.