Research On Legal Issues Of Honest Trademark Coexistence

In China, the study is based on the needs of the trademark coexistence judicial practice gradually. Amended in 2013, the "Trademark Law" is actually recognized honest trademark coexistence, which provides a good foundation for the system to solve the real world approximate trademark conflicts.This thesis, from the angle of actual situation, selects a typical case of honest trademark coexistence--ERMA Machinery Co. Ltd. sues Sun Show Mechanical & Electrical Co. Ltd. for infringing trademark right. Through analyzing the dispute focus in the case can make a research of the composition and unregistered trademark protection in this theory. The thesis consists of three chapters. Chapter one will introduce the proceedings of the case by which sorts out four dispute focuses. Firstly, to judge whether the trademarks of prosecution and defense constitute approximation or not. Secondly, to judge whether the trademarks of the two sides are easy to cause confusion or not. Thirdly, to judge whether the defendant is intentional. Lastly, to judge whether the unregistered trademark should receive legal protection. Chapter two will make a conclusion by analyzing the four focuses raised in Chapter one. Chapter three, on the basis of Chapter two, supplements the composition and unregistered in trademark honest coexistence, and put forward my own proposals on judicial practice in such cases in the future.This thesis, On the one hand, it distinguishes trademark approximation from trademark confusion. On the other hand, in theory, provided the first use of an influential unregistered mark, the follow use of an ordinary registered trademark can coexist. But when the first use of trademark which is unregistered and famous, the follow approximate trademark should forbid being registered. And if the registered trademark is first, any other follow approximate trademark should forbid, too.