A Thesis On Rights Restriction Of Trademark

The main purpose of restriction of trademark is to protect a trademark owner rights and others rights at the same time, which is expected to reflect the equal distribution among the rights holders, users and consumer and realize the fair and just value of trade mark law, contribute to protect the exclusive rights of the holders ,meanwhile limit the conflict between the legal users and public interests .Before understanding the limition of trademark, must have a general understanding of the concepts and contents of trademark rights. This article frist introduce the general concept and content on rights of trademark, then drew with a general introduction of the restrictions. Due to the limition of trademark rights research is less in China, but in the judicial practice there is a lot of judicial case, so this paper based on the way the case analysis, and a court in understanding of the judgment involves referenced relevant trademark limition related theory, the each type of trademark limit was summarized. In the type of trademark limition, especially with the types of reasonable limits, and trademark rights exhausted and parallel imports as a key. In our country regulations for the implementation of the trademark law article 49 have trademark reasonable use but no the other several types and provision.Along with the development of economy, phenomenon who abuse trademark also sometimes occur, judicial practice has emerged a lot about these cases,it is necessary to limit the use of trademark, and maintain the interests between a trademark owner, other use and consumers.