Cutting through coexistence agreements in China

By Paula Pei

Coexistence agreements can be a more palatable solution to disputes than litigation. However, while China’s Trademark Law allows coexistence under certain circumstances, there are risks of which all parties should bear in mind

The Trademark Law and its regulations do not expressly provide for trademark coexistence agreements, although they do allow similar trademarks to coexist under certain circumstances. Additionally, Article 30 of the Trademark Law – which deals with the preliminary examination of similar trademarks before the China Trademark Office (CTMO) – and Articles 57.1 and 57.2 on infringement examination of similar trademarks differ significantly.

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Issue 72