The Effectiveness Of Trademark Coexistence Agreements

The effectiveness of trademark coexistence agreements is a new legal issue in recent years.So whether the coexistence agreement have legal effect,and what kind of legal effect? This is the problem discussed in this paper.The first chapter is the introduction,which discusses the research background and research results.The second chapter is the basic theory of trademark coexistence agreements,first of all,the coexistence of trademarks,trademark coexistence agreements,these two new legal things made the definition of meaning.The author thinks that the World Intellectual Property Organization for the definition of coexistence agreement is accurate,can be used for the definition of "coexistence agreement trademark coexistence refers to two different companies use the same or similar trademarks in goods or services,but this does not necessarily lead to two companies affected by the mutual business"The third chapter is a kind of case study on the coexistence of the agreement.the author found in consulting a large number of cases,the validity of coexistence agreement abroad for a total of three modes: according to the contract,in accordance with the mode of public interest confirmation mode,according to the contract and the public interest comprehensive identification model.The fourth chapter is the identification of the validity of trademark coexistence agreements,the author believes that the agreement is the embodiment of coexistence of freedom of contract,so the content of the agreement will be varied,there are conflicts and including the current law,and therefore not all coexistence agreement effectively,not all is invalid.The fifth chapter is the improvement of the coexistence of the proposed legislation,it is proposed to clarify the legal elements of the coexistence agreement,while considering the effectiveness of the coexistence agreement in the process of trademark registration.And the corresponding legal liability for breach of contract.