The Research On Legal Issues Of Co-existence Trademarks

In recent years, China’s judicial practice similar trademark disputes frequently occur,many of whom are trademarks of malicious infringement, but there are also a large part of thelegal acts of trademark co-existence. With the modification," Trademark Law", China’s firstclear the "fair use " of the specific case, it has also become the modified "Trademark Law" ahighlight, add explicit provisions to protect the legitimate interests of prior use, that Article59paragraph2," before registering a trade mark application for trademark registration,trademark registration before the others who have used the same or similar goods identical orsimilar to a registered trademark and trademark of a certain impact, registered trademarkshall have no right to prohibit the use of people continue to use the trademark in the originalrange, but you can attach it requires proper identification difference." Although the highlightof this new trademark co-existence legislation has taken an important step, but in many areasis still in a blank stage, confusing trademark co-existence theory as the premise is also notincluded in the legal system, the judicial practice for trademark co-existence definition isrelatively confusing. But look at the development of China’s market and trademark legalsystem, the legal framework for trademark co-existence into the timing is relatively matureand stable market for the introduction of a trademark co-existence stability and protect thelegitimate interests of the trademark and the trademark exclusive right person to solve similartrademark disputes of great significance.Framework of this paper is divided into four parts,the main content includes:Part I: Theoretical Study trademark co-existence basis.The basic theoretical researchconsists mainly concepts trademark co-existence, with several related concepts for, the causesand circumstances exist. By combing the basic theory of trademark co-existence, meaningclear trademark co-existence, as well as expand the framework for the writing below thefoundation, but also hope for readers shop rammed earth by exploring the basic theory oftrademark co-existence, open door to clear a trademark co-existence door theory.Part II: Co-existence of trademark Comparative Perspective. This section discusses themajor provisions of trademark law related trademarks to co-exist America1946"TrademarkLaw", British "Trademark Law", China Hong Kong,"the Trade Marks Ordinance,""Trademark Law Federal Republic of Germany," Japan "Trademark Law" and the Taiwanregion of China by studying the various legislative trademark co-existence major countriesand regions of the world summed up all the major countries of the world model selectiontrademark co-existence. By combing understand many countries and regions all have tocoexist on trademark law clearly stipulates that all countries and regions to protect bona fidetrademark use by clearly defined legislation and the interests of the trademark owner, for theco-existence of trademark legislation and blank learn to compensate with great meaning.Part III: The status quo of China’s trademark co-existence analysis of judicial practice.Modification of legislation on trademark law and trademark law although the third is not tointroduce the concept of trademark co-existence, but largely affirmed the "prior use" rights, in the specific case there was a lot of trial is judged to be legitimate co-existence precedent.Bycomparison with some sort of representative cases, such as "Crocodile" trademark case,"Zhang Xiaoquan" trademark case,"Compound Paracetamol Tablets" trademark case and"Duck King" trademark case is the court finds by well-intentioned, eventually formingtrademark co-existence case,"Liangzi" trademark case,"UCG" VS "UGG" trademark casescenario is a trademark co-existence agreement contains, in order to summarize the casebehind the hidden considerations. By comparing the relevant legislation in the world toidentify defects in the referee in the country, and make relevant recommendations.Part IV: The introduction of the system of trademark law trademark co-existence build.This part of the trademark by the co-existence of rationality and purposiveness departurediscusses the introduction of the system of trademark law trademark co-existence build. Hopeto explore this part of the legislation can clear the context of trademark co-existence, find ourproblems in legislation and judicial practice, the corresponding perfect proposal, expected tobe beneficial to the relevant judicial practice...