The Research Of Trademark Coexistence

The same or similar trademark is used in the same and similar goods,and it’s the legal gray area between trademark infringement and legitimate trademark coexistence.Our current theory of trademark infringement does not clarify the relationship between tort and coexistence.In fact,the same or similar mark is likely to be used simultaneously, but does not necessarily lead to consumer confusion.This gives the trademark coexistence some space.Many cases happened at home and abroad shows that it’s fair to confirm it legal for the most of the time.Such as "Apple Corps V.Apple Computer" case and the "French crocodile" and "Singapore Crocodile" case,In both cases,the courts were legally recognized trademark coexistence for the final verdict.In recent years,in the similar trademark infringement cases, the courts were not legally recognized trademark coexistence for the final verdict.For example,the "Duck King"case.the court deny the possibility of coexistence of the trademark.And leads to the losing party suffered huge economic losses.The main purpose of this paper is trying to clarify the boundaries between the trademark infringement and the legitimate coexistence.