On The Legal System Of Trademark Coexistence

Trademark coexistence means that different market players will register or use the same or similar trademark in the same kind or similar goods or services without causing confusion,misunderstanding or absence of confusion or misunderstanding of the relevant public,and Does not violate the law.Trademarks coexist in the international are accepted by most countries,and in China,until 2013 only through the amendment of the trademark law,at the legal level clearly recognized the trademark coexistence.In view of the existence of a large number of trademarks in practice coexistence problems,and legislation is lagging behind,so the study of trademark coexistence system is very necessary.This article is divided into three parts of the trademark coexistence system to elaborate:In the first part,after explaining the meaning and classification of trademark coexistence,the author analyzes the causes of trademark coexistence,that is,the limited nature of trademark resources,the registration system of trademark and the geographical origin of trademark,and the private property of trademark.Legitimacy analysis,pointed out that the confusion theory is the theoretical premise of trademark coexistence,trademark coexistence and trademark infringement is the essential difference.In the second part,through the comparative study of the trademark coexistence system in the United States,Britain,Germany,the European Union,Japan,China Taiwan and other countries and regions,it is found that some countries' laws directly stipulate the coexistence of trademark laws on the issue of trademark coexistence Situation,and some countries through the trademark opposition system,the trademark first use of the system,the indirect recognition of trademark coexistence.At the same time,in the attitude of dealing with trademark coexistence agreements,some countries adopt a relative protection model,some countries use the absolute protection model,and some countries have experienced from the absolute negation to the gradual acceptance of the process.The third part,by analyzing the legislation and judicial situation of the coexistence of trademark in China,puts forward three suggestions on the establishment of the trademark coexistence system in our country: to establish the absolute confusing theory at the legislative level;perfect the system of revocation rights;actively deal with the trademark coexistence agreement.