Legal Positioning and Optimization of Trademark Coexistence Agreements in China

Amidst the flourishing development of Chinese market economy, trademark coexistence agreements have emerged as a potentially valuable means for market entities to resolve trademark registration conflicts and prevent infringement. However, these agreements struggle to gain stable and effective recognition within Chinese trademark law environment. Notably, they face two major issues: first, courts sometimes exhibit logical deficiencies when adjudicating related cases; second, the agreements themselves are often too simplistic in content to serve their intended purpose of mitigating confusion. Nevertheless, based on the legislative purpose of the Trademark Law, there is sufficient ground to recognize coexistence agreements on the premise of trademark coexistence. Based on the key points in Chinese judicial decisions concerning such cases, as well as legislative and judicial practices related to trademark coexistence agreements in other jurisdictions, Chinese courts should adopt a consumer-oriented perspective and thoroughly assess potential scenarios in which conflicting trademarks may cause confusion. Furthermore, it is necessary to refine the criteria and considerations used in reviewing coexistence agreements. Besides, when drafting these agreements, parties should proactively address applicable review factors by stipulating specific and reasonable preventive measures while clearly restricting how both parties may use their respective trademarks, thereby reducing the likelihood of confusion between conflicting trademarks.

Authors

Institutions

Publication Details

Journal
Transactions on Social Science Education and Humanities Research
Published
2025-08-17
DOI
https://doi.org/10.62051/be0pzg17
Primary Topic
Intellectual Property Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Positioning and Optimization of Trademark Coexistence Agreements in China

Xinyan Liu
Transactions on Social Science Education and Humanities Research
Intellectual Property Law
article

Legal Positioning and Optimization of Trademark Coexistence Agreements in China

Xinyan Liu
article en

Abstract

Amidst the flourishing development of Chinese market economy, trademark coexistence agreements have emerged as a potentially valuable means for market entities to resolve trademark registration conflicts and prevent infringement. However, these agreements struggle to gain stable and effective recognition within Chinese trademark law environment. Notably, they face two major issues: first, courts sometimes exhibit logical deficiencies when adjudicating related cases; second, the agreements themselves are often too simplistic in content to serve their intended purpose of mitigating confusion. Nevertheless, based on the legislative purpose of the Trademark Law, there is sufficient ground to recognize coexistence agreements on the premise of trademark coexistence. Based on the key points in Chinese judicial decisions concerning such cases, as well as legislative and judicial practices related to trademark coexistence agreements in other jurisdictions, Chinese courts should adopt a consumer-oriented perspective and thoroughly assess potential scenarios in which conflicting trademarks may cause confusion. Furthermore, it is necessary to refine the criteria and considerations used in reviewing coexistence agreements. Besides, when drafting these agreements, parties should proactively address applicable review factors by stipulating specific and reasonable preventive measures while clearly restricting how both parties may use their respective trademarks, thereby reducing the likelihood of confusion between conflicting trademarks.

Transactions on Social Science Education and Humanities ResearchVol. 14
East China University of Political Science and Law (CN)
Openalex Percentile: Top 65%
Intellectual Property Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Legal Positioning and Optimization of Trademark Coexistence Agreements in China — Xinyan Liu · Transactions on Social Science Education and Humanities Research (2025) | TGRS Research Map | TGRS