Research On The Construction And Improvement Of China’s Trademark Coexistence Legal System

Trademark is a kind of intellectual property distinguished from copyright and patent,and is a commercial mark that distinguishes different providers of certain goods or services.In the knowledge-based economy,the growth of economic volume has made trademarks containing goodwill the subject of competition among market players.Trademark coexistence is a legal phenomenon formed after the escalation of trademark conflicts through judicial mediation and weighing of interests,which can be defined as-the legal behavior of different subjects using the same or similar trademarks on the same or similar goods and services.The objective legal fact of trademark coexistence has been accepted by most countries or regions,but in China is still in the embarrassing situation of "judicial saturation and lack of legislation".The construction and improvement of the system will enable the trademark market to develop steadily in a healthy and long-term manner.From the perspective of the basic theory of law and the special principle of trademark law,on the basis of tolerating a certain degree of confusion,trademark coexistence has the reasonableness and legitimacy of existence through judicial adjudication and the parties’settlement and other procedures.However,the causes of trademark coexistence are complex:the profitability of business operations,the limitations of commercial marks,the subjective nature of registration examination,the private rights of trademark rights,etc.All of them are possible.Not all co-existence can be protected by law,and the key to legality is to determine whether it constitutes confusion.How to weigh the interests and determine the trademark ownership while taking into account the dual values of fairness and efficiency is the key and difficult point to be studied.From the above perspective,the scientific methodology of "linking theory with practice and testing the truth" is applied,and on the basis of the advantages of the U.S.Tillos-Legtenas Rule and the Lanham Act,the European Union’s bona fide prior use and the U.K.’s absolute certainty coexistence agreement,the path to improve the trademark coexistence system is found and summarized.On the one hand,it applies the "multi-factor test" and "market pattern theory"to unify the criteria for determining the possibility of confusion in trademark coexistence.On the other hand,under the overall unification,the two special types of prior use rights and co-existence agreements are further specified.The condition of "certain influence" in the first-use right is deleted,and the "original scope of use" and "additional appropriate mark" are refined.From clarifying the judicial value orientation of the legislation,to determining the content of co-existence agreements and the filing and examination procedures,and then delineating the rights and responsibilities,the loopholes of co-existence agreements are filled step by step.These rationalization suggestions will help the trademark coexistence system find a more suitable space in China’s legal system.