The Research On The Co-existence Of Prior Used Trademark And Later Registered Trademark

With the further development of China’s social and economic, the dispute of similar trademark is increasing. However, the co-existence of trademark regulation is relatively lagged. China adopts the system of registered trademark, the protection of the unregistered trademark is relatively weak. The paper’s trademarks co-existence refers to the co-existence of prior used with some influence unregistered trademarks with the registered trademark in the rear. The trademark co-existence conditions, including subjective and objective elements. This paper introduces the foreign trademark co-existence system and puts forward some suggestions to improve China’s trademark co-existence system.This paper is divided into four parts in total. The first part discusses the theoretical basis of trademark co-existence. Trademark co-existence theoretical basis include: confusion theory does not violate trademark co-existence requirements; trademark co-existence suits the principle of interests of balance requirements; trademark co-existence suits principles of efficiency and equity of law.The second part focuses on trademark co-existence conditions, including subjective elements and objective elements. Subjective element requires prior use of subjective well-intentioned, and does not have the purpose of unfair competition. Objective elements includes using with difference, the signing of a trademark co-existence agreement, the actual use of the trademark-based sales practices, the earlier mark with a certain reputation.The third section describes the common law and civil law countries trademark co-existence regime. Common law countries have adopted the use of the system to obtain trademark, civil law countries and regions mainly achieved trademark registration system. Of common law and civil law countries trademark co-existence system compares the successful experience from abroad to promote the development of China’s Trademark Co-existence through.The fourth part is the full text of the summary and sublimation, based on a combination of the foregoing proposed to improve the content of our trademark co-existence system of recommendations, including the perfect first with the provisions of the trademark right conditions, pay attention to the effectiveness of the trademark co-existence agreements, perfect the theory of complete confusion.