Legal Validityof The Trademark Coexistence Agreements

Under the background of global competition becoming more and more intensely,trademark has become one of the most important subjects in the knowledge economy.Now trademark coexistence is a social phenomenon,usually refers to some easy to cause or cause public goods(or services)trademark confusion exists.The establishment of trademark system is to protect the interests of the trademark owners,rather than blindly pursuing the interests of consumers.Thus,the trademark coexistence agreements,naturally become the competitive advantages which the current market players to promote,maintain and strengthen.To be a peaceful solution to the conflict between the trademark of a priority choice.Generally,the trademark coexistence agreement is a party or parties to achieve registration or use the similar or the sametrademarks on the similar goods or service.A Trademark Agreement(agreement or contract)with the purpose to make the same or approximately trademark on the same commodity or similar reach a peaceful coexistence in the market.In our country,whether in the judicial practice case,or perfecting trademark laws and regulations system,the legal effect of trademark coexistence agreements have failed to form a unified and clear judgment standards or rules.Not to say yes or no,reality of the effectiveness of trademark coexistence agreements has the issue in front of us,imminently.Firstly,the coexistence of trademark is an agreement to realize the coexistence of trademarks,which is also the recognition and respect for the right of trademark.Secondly,create the trademark coexistence agreement is based on the confusion theory basis,but notto exaggerate the status and role of confusion standard.Consumer confusion does not necessarily equate to the public interests,at the same time,it does not necessarily become a hindrance of the coexistence agreement.To the end,trademark coexistence agreements should not be excluded confounding factors of considering mistake,also should not be the tool to distinguish goods or trademark is identical or similar,but should be used as the principle of exception,a return to the private property,a special respect and protection of trademark rights.