What are the differences between trademark infringement and coexistence of trademarks

1、 Concept of coexistence of trademarks

Trademark coexistence is a new concept emerging in recent years. Chinese scholars have given a similar definition, "coexistence of trademarks refers to the use of identical or similar trademarks by different market entities without confusion under the condition that they comply with the law".

2、 Differences between trademark infringement and coexistence of trademarks:

Trademark infringement means that the doer uses the same or similar trademark with its registered trademark on the same or similar goods without the permission of the trademark owner, or other acts that interfere with or hinder the trademark owner from using its registered trademark and damage the legitimate rights and interests of the trademark owner.

The coexistence of trademarks means that in commercial activities, different subjects use the same or similar goods or services for commercial purposes or are approved to register for commercial purposes, and the same or similar trademarks exist legally in the same jurisdiction at the same time. More succinctly, that is, in commercial activities, conflicting trademarks coexist in the same jurisdiction.

3、 Judgment method of trademark infringement and coexistence of trademarks:

1. Actual public perception. A comparison should be made based on the way the relevant public actually feel the trademark, the specific situation of trademark use and its impact on the relevant public. In practice, if other similar trademarks are sufficient to cause misunderstanding by ordinary people, then the trademark constitutes trademark infringement.

2. Overall impression of the trademark. The overall impression of a trademark is generally decisive. When distinguishing trademark infringement from coexistence of trademarks, the court should not compare each part of a trademark separately, because it is actually impossible for the relevant public to identify and remember it separately.

3. Significance criteria. What needs to be clear is that, generally speaking, the overall impression of a trademark is determined by the significant part of the trademark. When determining that a trademark infringes on other trademarks, we must grasp the most basic way of distinguishing distinctiveness. In most trademarks, the contour is the most significant aspect that distinguishes the modified trademark from other trademarks. Even if the color matching is the same, it will not cause consumers' misunderstanding.