On The Legal System Of Trademark Coexistence

Under the current market environment,people pay more and more attention to intellectual property rights,which is reflected in the field of trademarks.Enterprises pay more and more attention to the intangible property interests of their own trademarks.In judicial practice,disputes about trademark rights are increasing year by year.Trademark coexistence,generally speaking,refers to the phenomenon that different enterprises use the same or similar trademark on the same or similar goods.It seems to be a challenge to the theory of tort in the traditional sense,but it is actually another kind of improvement and supplement to it.Most of the countries in the world have studied the coexistence of trademarks.Most of the countries in the common law system directly stipulate it through legislation,while the countries in the civil law system regulate the coexistence of trademarks through other systems.China’s trademark coexistence system is not perfect,and there are many problems in the judicial practice when the court deals with trademark coexistence cases.Based on this,starting from the basic knowledge of trademark coexistence,this paper explores the legitimacy and rationality of the existence of this phenomenon,finds that it conforms to the fundamental significance of the principle of fairness,is conducive to the maintenance of the interests of honest operators,and is a natural product of the market free competition mechanism.However,through the study of the relevant cases in recent years,we find that there are deficiencies in the regulation of the coexistence system of trademarks in the Trademark Law of China.Although the system of first use right and the system of invalidation have regulated it to a certain extent,there is still a gap compared with foreign countries.By studying the development of the trademark coexistence system in the United States and other countries,the author finds that it is similar to the current trademark law in China,which can undoubtedly provide guidance for the construction of the trademark coexistence system in China.Therefore,based on the investigation of the actual situation of the country and combined with the judicial experience in other countries,this paper puts forward suggestions for the improvement of the trademark coexistence system in China.