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Legal Consideration of Establishing the Trademark Coexist System in our Country

Li Yuxiang Liu Xiaoyuan  
There is no trademark coexisting regulation in China's current trademark law. But trademark coexisting judgment or ruling repeatedly appears in our judicial practice. On one hand, this phenomenon impacts the "legal doctrine" authority of intellectual property law in China. On the other hand, different decisions due to the judge's different thinking are also destroying our country’s judicial seriousness of intellectual property. Therefore, to establish trademark coexisting system as soon as possible is imminent. Based on the analysis of the concept and the rationality of trademark coexistence, through the reference of foreign trademark coexisting legislation and practice, this paper puts forward a preliminary legal advice of the establishment of the trademark coexist system.
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