文档介绍：Abstract
The essence of trademark is a sign in semiotics, is the unit of the symbol and specific goods information which signified by it. According to the analysis of trademark essence by semiotics, co-exist mark refers to the situation that two or more natural person, juridical person or other anizations use different trademarks respectively, which occupy the same or approximate position of signifier, while not necessarily cause consumer dilution. Trademark coexistence has e a quite normal phenomenon in reality resulted by the reasons of the trademark registration authority, the expansion of the business scale, or neglect of trademark rights management by the obligee. The current trademark regulations still have the legislative blanks on the issues of trademark coexist, meanwhile, cases relating to approximate or same trademarks were recognized in judicial practices. However, owing to the serious defects of the trademark infringement judgment standards, the judges are difficulty to clarify the differences between trademark infringement and trademark coexistence in judicial practices. Approximating doesn’t mean to infringement, not only the same trademark but also the similar trademark has legitimate reasons for existence. In the condition of approximation but not bringing about consumer misidentification and trademark dilution, Co-exist of trademark right is the best way to solve the dispute corresponding to the principle of fairness and effectiveness. As we can see, Co-exist of trademark right is in line with the basic spirit of Trademark law, and also is accordance with the principle of interest counterbalance. It is the inevitable consequences of mechanics munications developments. All in all, we should consider the possibility of trademark misidentification as one of the infringement judgment standards, to set up the trademark coexistence system and regulate the trademark co-exist agreement.
Key words: trademark essence; trademark co-exist; semiology; misiden