On The Trade Marks Infringement And Legal Remedies

The Trade Marks become an important component in our life through a large number of goods, service, and the advertisement of covering the sky and the earth. Generally , people's psychology is that " watching the brand and doing shopping " " watching the brand and consuming ". Now, this makes Trade Marks invisible value. The Trade Marks has become the object infringed in too.This paper is classified into four parts that are liability principles regarding the Trade Marks infringement, acknowledgement of the Trade Marks, limitations to the Trade Marks rights and remedies for the Trade Marks infringed. In the first part, this paper describes several forms of liability principles regarding the trademark infringement. The second part is about two kinds of trademark rights gained by means of use and well-known Trade Marks, and it emphasizes two kinds of infringing acts: confusion and association. Two limitations to the Trade Marks rights: parallel imports and reasonable use, are mainly discussed in the third part. Finally, this paper mainly analyses the Trade Marks laws in China and tries to balance the interests among owners of the Trade Marks, consumers and the public in the legislative perspective.This text has inherited and broken the theory protecting the traditional Trade Marks. On the basis of comparing and drawing lessons from the foreign Trade Marks law, hope to perfect the Trade Marks protection system of our country further.