Research On The Problem Of Coexistence Of Trademark

Trademark coexistence refers to different operators in the same or similar goods orservices are using the same or similar trademarks and not cause confusion. Many countrieshave laws and regulations, and in China there are a lot of people were discussed. Discusseshow to affirm the rationality and system construction as well as the trademark trademarkcoexistence of coexistence of the case from the China in the new century "ronghua mooncakes" dispute."Ronghua moon cakes" struggle because Hongkong is "glory" and Shunde "ronghua"there is the case of the trademark, the two in order to protect the trademark rights own fromthe end of the last century by the Guangdong court has been hit by the Supreme People’scourt, time-consuming ten years, has not yet reached a satisfactory result. This case showsthat face the trademark have identical or similar disputes if only to the trademarkinfringement perspective to consider is a waste of operators and processing method ofnational judicial resources. In this paper, in this case as the starting point to discuss how toachieve win-win coexistence trademark form. First, how to identify trademark coexistence?The establishment of trademark coexistence must meet four conditions: identical or similartrademarks, the first second, the same or similar trademarks should belong to differentoperators of identical or similar trademarks, third have a certain visibility, finally is to not beconfused as the premise. The coexistence of various types of trademark, according todifferent criteria can be divided into different types. If in accordance with the coexistence ofthe trademark is registered to classification can be divided into registered trademarks andregistered trademarks without between these two kinds of mutual coexistence trademark andregistered trademark with the trademark trademark coexistence. If the angle from thetrademark coexistence established as the standard of classification, can be divided into twokinds of trademark coexistence, the first for the operator through the existing legal provisionsand the establishment of the trademark coexistence, another trademark coexistence is theirmutual consultation and in written form and reached the trademark coexistence. Trademarkcoexistence has its own rationality, first of all, according to one of the conditions for establishment of trademark coexistence between the trademark should be the same or similar,you cannot simply put these trademarks registered trademark rights violations of human, butshould meet the conditions are regarded as trademark coexistence more reasonable. Secondly,the trademark coexistence also aims to meet the aim of trademark law, that is to therealization of legal fairness and justice, improve efficiency and maintain the balance ofinterests.Finally, according to the law provisions and agreed the coexistence of the two ways toimprove the trademark coexistence system, legal way is mainly from the perspective ofnational legislation to perfect the legal provisions of the trademark coexistence and theconstruction of the system, while the contract is reached between the operators to trademarkcoexistence objective agreed protocol to achieve coexistence trademark trademarkcoexistence through autonomy. At present, many countries adopt the way of contract, becausethis way can respect the trademark owner will, disputes are solved thoroughly. In our country,the new "trademark law" promulgated, there are provisions on trademark coexistence,reflected in the new "trademark law" fifty-ninth paragraph third, this provision clearly showthat the trademark registrant has no right to forbid before its registered trademark with thesame or similar market main body can also use the trademark of the trademark is aprerequisite for operators, prior use by their business has made this a trademark has certaininfluence. Accordingly, the law also gives the registered trademark has the right to the mainbody of market requirements by additional distinguishing identifier to ensure that theirbusiness. This is a kind of legal trademark coexistence. But still not perfect. The author thinksthat the trademark law should also increase or clear in six cases of trademark legalcoexistence. The six should increase or explicit statutory coexist, is to maintain the earlierand in good faith based on the interests of the people, safeguard the principle of good faith,respect the history, to avoid the right sleep considerations. In this paper, in order to build athrough study of trademark coexistence problem to improve the system, and then strengthenthe protection, the market for operator protection and the protection of the consumer publicinterest. In the hope that the market economy of our country can be more healthy and efficient development.