The Discussion about the Legal Effect of Trademark Coexistence Agreement

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.

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Publication Details

Journal
Journal of economics and law.
Published
2024-12-01
DOI
https://doi.org/10.62517/jel.202414618
Primary Topic
Educational Reforms and Innovations
Type
article
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article

The Discussion about the Legal Effect of Trademark Coexistence Agreement

Feiyan Yang
Journal of economics and law.
Educational Reforms and Innovations
article

The Discussion about the Legal Effect of Trademark Coexistence Agreement

Feiyan Yang
article en

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.

Journal of economics and law.Vol. 1(6)
China Jiliang University (CN)
Openalex Percentile: Top 62%
Educational Reforms and Innovations
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