Study On The Trademark Coexsistence System

Trademark Coexistence refers to the situation that different subjects use or registerthe same or similar trademarks in good faith on the same or similar goods or services,but there is no possibility of causing confusion to the relevant public and the situationdoes not violate the law. In today’s increasingly developed commodity economy, most foreigncountries apply for trademark coexistence actively, our country has also experienceddenying totally to admit trademark first availability,but still,it can not meet the needof judicial practice and real-life. In this paper, it will extensively use methods likecase studies, comparative research, mainly to solve two major problems: first,whytrademark coexistence system can be applied in China,which was produced in the UnitedStates;Second, how the same or similar trademarks can coexsist better.The first chapter,on the basis of some fundamentary factors such as the concept,classification, focuses on proving the rationality of trademark coexsistence from thepositive and negative, subjective and objective aspects. Trademark coexistence is not onlythe inverted result of the recognition and the proprietary nature of trademark itself,but also due to the scarcity of trademark resources,the similarity of human thinking, ruleof business success and procedures of trademark registration. Trademark coexsistence fitsrightly with the core concept-confusing of the "Trademark Law", and accords with the spiritof good faith and the general imputation principle of tort law.Although currently thereare some ideas and obstacles in front of trademark coexistence legal systems, for example, a registered trade mark should be absolutely protected,approximate trademarks meaninfringement,but without doubt, those should be overcome.The second chapter clearly mark the boundaries of coexistence and conditions ofapplying trademark coexistence system.if it is applied incorrectly, it may cause theconsequences of consumer confusion and unfair competition between rights holders. Thus,in addition to the possesion of two subjects, two trademarks should be used under a goodwill and the using will not cause confusion.Especially whether there is confusion shouldbe identified according to multidimensional factors like significant elements oftrademarks, subjective intent, actual use. In addition, trademark coexistence isrestricted by specific industries and commodities,regulating using and addingdistinguishing marks when necessary. Trademark coexistence can not only be applied in firstavailablibity, but also can be used in making a trademark coexistence agreement, negligenceof trademark examination authorities and other circumstances. Trademark coexistenceagreement should be recognized, and relevant departments should try to regulate and guidepeople to sign a rightful and rational agreement.Chapter III offers some proposals for constructing trademark coexistence systemaccording to China’s legislative and judicial current situations. Current legislationdoes not meet the practical needs, and the confirmed trademark infringement standard inour law is actually diffrent from the core spirit of confounding, some legal professionalsstill think that approximation means infringement, and the relevant judgments are quitedifferent. To establish a sound system of trademark coexistence and better suited，variousdepartments should make their own efforts. For example,the legislature should correct thedeviation of the current confusing Infringement standards, clearly define the applicableconditions and circumstances of trademark coexistence, construct a complete set ofsupporting systems including adding distinctive marks when necessary, and the right torevokation;judicial and law-enforcing departments should unify the awareness aboutapproximation trademarks and strengthen to guide and regulate the act of signingtrademark coexistence agreements.