商标共存问题分析.pdfVIP

Abstract Trademark coexistence refers to different operators in the same or similar goods or services are using the same or similar trademarks and not cause confusion. Many countries have laws and regulations, and in China there are a lot of people were discussed. Discusses how to affirm the rationality and system construction as well as the trademark trademark coexistence of coexistence of the case from the China in the new century ronghua moon cakes dispute. Ronghua moon cakes struggle because Hongkong is glory and Shunde ronghua there is the case of the trademark, the two in order to protect the trademark rights own from the end of the last century by the Guangdong court has been hit by the Supreme Peoples court, time-consuming ten years, has not yet reached a satisfactory result. This case shows that face the trademark have identical or similar disputes if only to the trademark infringement perspective to consider is a waste of operators and processing method of national judicial resources. In this paper, in this case as the starting point to discuss how to achieve win-win coexistence trademark form. First, how to identify trademark coexistence? The establishment of trademark coexistence must meet four conditions: identical or similar trademarks, the first second, the same or similar trademarks should belong to different operators of identical or similar trademarks, third have a certain visibility, finally is to not be confused as the premise. The coexistence of various types of trademark, according to different criteria can be divided into different types. If in accordance with the coexistence of the trademark is registered to clas