A Study Of Trademark Coexistence System

Trademark coexistence has become a common phenomenon with the development of economy. It refers to the situation that there are a number of same or similar trademarks used by analogue goods. Approximate trademark coexistence appears to be confusion and challenges for trademark infringement theory, but in fact it is useful supplement for the theory. As an objective legal fact it has been recognized by most national legislation and judicial practice, however, trademark coexistence theory has not yet been formally incorporated into the legal framework in China. Once trademark coexistence obtain a legal recognition in our country, using their trademark emboldened goodwill for commercial operators will increase doubtless. Moreover, it is also beneficial for maintaining the freedom of commercial competition for order, balance trademarks Win exclusive rights, commercial interests of competitors and consumers.This paper discussed the definition of trademark coexistence, the necessity of establishing of trademark coexistence system in China. In addition, it was explored a trademark coexistence system for China through comparative analysis of foreign legislation and judicial practice. This paper consists of four main parts. The first part describes the concept of coexistence trademarks, trademarks coexist with trademark confusion and discusses the differences of the trademark infringement and trademark coexistence. Depending on the classification criteria, trademark coexistence can be classified according to the nature and trademarks party autonomy. The second part describes a broad-based trademark coexistence theory, including the property attributes of trademarks, the limited nature of the constituent elements of the trademarks, the expansionary economic base of the trademark. Broad-based trademark coexistence determines the necessity of establishing a trademark coexistence regime. The third part indicates statutory coexistence and agreement coexistence are two major implement ways of trademark coexistence through a comparative study of foreign trademark coexistence judicial practice mode. Although there is not a trademark coexistence system in China, but indirect recognition type of statutory coexistence and trademark coexistence agreement trademark law exists in the current prototype. Summed up the case from the trademark coexistence judicial rules Construction of trademark coexistence system plays a positive role in promoting. The fourth part stress the necessity of trademark coexistence from the aspects of promoting competition in the market and maintain the legal authority. Moreover, it give advices about the construction of a trademark coexistence regime in connection with the legislative and judicial co-exist. Trademark coexistence standards established in legislation, including the trust to protect the interests of specific criteria, likelihood of confusion standard, goodwill and autonomy coexist standard criteria. Legal trademark coexistence agreements should be given encourage and guide with appropriate restrictions then attached the conditional confirmation finally.