The Discussion about the Legal Effect of Trademark Coexistence Agreement

DOI: https://doi.org/10.62517/jel.202414618

Author(s)

Feiyan Yang

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China

Abstract

As commercial practices develop, the trademark coexistence agreement has gained popularity among market entities. However, there is no official provision for the coexistence agreement in legislation, which has led to varying standards in the examination process of administrative and judicial authorities about the leagal effect of rademark coexistence agreement. This article concentrates on the legal effect of the coexistence agreement, discussing the reasons for the formation of the coexistence agreement, judicial practice and academic recognition of the legal effect of the coexistence agreement, and the author's thoughts and auxiliary improvement measures on the legal effect of the coexistence agreement. It is proposed that the legal effect of the coexistence agreement should be recognized in principle, with exceptions only considered in cases when it endangers social public interests and market competition order. Hopefully, some ideas can be provided for solving the problem of recognizing the legal effect of trademark coexistence agreements in current practice.

Keywords

Trademark Coexistence Agreement; Legal Effect; Trademark Law; Anti Unfair Competition Law; Anti Monopoly Law

References

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