On Coexistence Of Trademark Agreements

With the emergence of trademark rights and the development of the trademark law,market players have increasingly focused on the protection of trademark rights.This kind of protection of the exclusive right of trademark makes the trademark right expand continuously in the development of market economy.The expansion of trademark exclusive rights protects the trademark rights of the corresponding market players,but it also restricts the diversified development of relevant trademark legal relations to a certain extent.With the continuous expansion of exclusive rights and the lack of solutions,trademark disputes are constantly increasing.However,with the increase in trademark disputes,the relevant market players in China are constantly looking for new ways to resolve these trademark disputes.In order to resolve the corresponding trademark disputes,the trademark agreement has been continuously recognized as an effective way to resolve trademark disputes in recent years.Academic circles have increasingly studied the coexistence of trademark agreements,but there are many different opinions and attitudes on the coexistence of trademark agreements both in theory and in practice.Due to the different nature of trademark rights and general civil rights,trademark co-existence agreements with trademark rights and civil agreements with general civil rights are also very different in nature.General civil behaviors are based on the autonomy of the autonomy of the meaning.As for the coexistence of trademark agreements,in addition to taking into account the basic requirements for the establishment of the effective elements,we must considerthe factors of particularity.At the same time,due to the background of the coexistence of trademark agreements and their own characteristics,we must understand the basis on which the coexistence of trademark agreements depends.Under the circumstances of the expansion of trademark rights,market players take different approaches and methods to resolve the conflicts of rights between the main parties and to safeguard their own market interests.Because of the characteristics of the trademark itself and the special right of the trademark,there is also the background of the coexistence of the trademark,which is the profitability of the current people and the imperfection of the market.Coexistence of trademarks is divided into coexistence of trademarks as prescribed by law and coexistence of agreements between parties.Because there is no relevant disagreement on the existence of trademarks in law,the research on the coexistence of trademark agreements mainly focuses on the coexistence of trademark agreements.Trademark owners use the coexistence of trademark agreements to resolve their own trademark issues,resolve trademark disputes with other entities,and maintain market share.For a long time,China did not recognize the existence of trademark coexistence.Until2010,the "Crocodile" case admitted that the trademark coexistence agreement between the parties did not constitute confusion.The coexistence of trademark agreements is the result of the trademark coexistence agreement signed between market entities.Therefore,as a special type of civil behavior,meaning autonomy is still regarded as an effective element.In addition,the coexistence of trademark agreements between market entities is not just about the trademark relationship between the two market entities,but also the trademark order and related public interests in the market.At the same time,the current lack of legislation in China and the lack of attitudes and views of the current administrative and judicial authorities on the coexistence of trademark agreements require us to understand the current status quo and analyze the appropriate reasons and solutions.The recognition of the coexistence of trademark agreements by Chinese judicial authorities and the fact that administrative agencies do not recognize the coexistence of trademark agreements based on the provisions of the Trademark Law are typicalexamples of "good son cases." However,when examining the extraterritorial experience concerning the coexistence of trademark agreements,countries that are coexisting with trademark agreements are basically in an attitude of recognition,whether in the legislative or judicial field.For example,in the U.S.Lamham Act,which stipulates the legal relationship between trademarks,the second paragraph of Article 4 stipulates the necessary conditions for the concurrent registration of commercial marks.In addition,Article 7 of the current “Trademark Law” in the United Kingdom stipulates the good faith of trademarks.Use at the same time.However,for the coexistence of trademark agreements,countries also impose certain restrictions,and the coexistence of trademark agreements is a limited state of agreement concerning the coexistence of trademarks.Through the consideration of relevant regulations and cases of extraterritoriality,the analysis of the legality and rationality of the coexistence of the current Chinese trademark agreement has launched the necessary elements for the coexistence of trademark agreements.In addition,after understanding the corresponding necessary elements,it provides corresponding suggestions for China's current system construction concerning the coexistence of trademark agreements.At the same time,under the new situation,the legal application of the disputes that may arise from the coexistence of trademark agreements between the parties and the issue of liability.In the above ideas,this article is divided into the following sections.The first part first needs to clarify the concept of coexistence of trademark agreements,clarify the concept of coexistence of trademarks and some distinctions between coexistence of trademark agreements and trademark coexistence agreements.The definition of the concept is mainly to unify the background of related issues and avoid conceptual conflicts.In addition,we must also discuss the background of the coexistence of trademark agreements and explore the causes of the coexistence of trademark agreements.Through the understanding of the concept and the resulting background,the rationality of the coexistence of the trademark agreement will be discussed.The second part is the current research on the coexistence of China's relevanttrademark agreements.Based on related laws,regulations and cases,the third part discusses current Chinese attitudes and opinions on the coexistence of trademark agreements in practice.Through induction and analysis,this paper discusses the different perspectives and attitudes at the legislative level and the coexistence of the executive authorities and the judicial authorities in the current practice in China,and discusses the reasons for these views.Through the analysis of these different views to find a corresponding solution,to provide a realistic basis for the construction of a trademark agreement coexistence.The third part of this paper is a comparative study of the status quo of the coexistence of European and American trademark agreements,learning from the relevant experience of foreign countries.The recognition and research on the coexistence of trademark agreements in foreign countries,including the establishment of a system for the coexistence of trademark agreements,is worth learning from.Through studying the relevant regulations of the United States,the relevant countries of the European Union and the United Kingdom,and learning from the relevant legislative norms and systems,we will provide experience for the improvement of the coexistence of trademark agreements in China and the construction of the system.The content of the fourth part is through the clarification of the above concepts,the analysis of the current status quo in China and the study of the comparative law to derive the necessary elements for the establishment of the coexistence of the trademark agreement.Unlike general civil behavior,the coexistence of trademark agreements has its own particularity.Therefore,in terms of effective elements,the coexistence of trademark agreements is different from general civil behavior.In addition to autonomy as a basic requirement,at the same time,the trademark agreement between both parties of the civil entity should also satisfy the requirements for good use.The coexistence of trademark agreements cannot violate the market order and must not harm the interests of the public.In addition,the coexistence and confusion of trademark agreements are of great relevance.Therefore,the coexistence of trademark agreements should not be confused as an essential factor.The fifth part deals with the system construction of trademark coexistence andthe application of the law to the coexistence of trademark agreements.It mainly deals with the improvement of the system of coexistence of trademark agreements currently existing in China and the reorganization of People's legal issues.The construction of the system concerning the coexistence of trademark agreements is mainly focused on the trademark registration system,both in terms of concepts and on specific systems.The problem of law application mainly focuses on the problems of breach of contract and infringement.