Study Trademark Coexistence Legal Issues

Trademark coexistence refers to identical or similar trademark on the same or similar goods belonging to different enterprise legitimately coexist. As the social fact, trademark coexistence has been allowed and protected by trademark laws of many countries. However, it is unfamiliar in China. The attitudes and standpoints of Chinese legislations and judicial practices to trademark coexistence are not very clear. The study of trademark coexistence is mainly focused on the theory of trademark infringement, thus, the theory of trademark coexistence is not complete and systematic. It harms the right of other competitors, disturbs the balance of the market order, and unfavorable to economical development of China. Based on this situation, the article researches on the Chinese coexistence system. It is significant to promote the fair and inclusive economic development.This article expounds the connotation of trademark coexistence, demonstrates its necessity and legitimacy. Meanwhile, through the comparatively studies on foreign countries’ practices and legislations, this article tries to structure Chinese coexistence system. The first chapter generally discusses the connotation, generation and sorts of trademark coexistence. Trademark coexistence refers to identical or similar trademarks on the same or similar goods. As the social fact, it comes from its own features, the procedure of trademark registration as well as the private right attribute of the trademark right. Therefore, the existence of trademark coexistence has its inevitability. The second chapter analyzes the necessity of building the trademark coexistence system, it is the key of this article. Imperfect legislation of trademark and disunity of judicial decision lead to the necessity of constructing the legal system of trademark coexistence. At the same, the judicial decision to allow the coexistence trademark made by the court provides a realistic basis and legislative basis for constructing China’s legal system of trademark coexistence. The third chapter deeply analyzes the legitimacy of trademark coexistence, it provides the theoretical basis for the construction of trademark coexistence system. Natural rights is the basic theory premise of trademark coexistence. At same time, trademark coexistence corresponds with the purpose of trademark law which shows the balance of interest principal and fair competition. The forth chapter comparatively studies on main countries practices and legislations, provides legislative suggestion to the construction of China’s legal system of trademark coexistence. Specifically, China’s trademark law should improve the standard of the likelihood of confusion, in order to provide basis for trademark coexistence. Meanwhile, China’s trademark law also should also establish trademark user priority system, improve the revocation system of trademark, and encourage signing coexistence agreement. In order to avoid confusion of consumers, China’s trademark law should stipulate the duty of adding distinctive signs to the owner or user of trademark. Regarding on consultative coexistence, China’s trademark law should not only admit its effect rationally, but also investigate the legality of coexistence agreement in order to avoid the appearance of consumer confusion and monopolistic competition.