D Company In The Process Of IPO Of Rational Use Of Trademark Research

The trademark rational use simple refers to people other than the trademark holder in the process of production and business operation activities and provide services in a certain way bona fide use of trademark rights of trademark and does not constitute a trademark infringement behavior.Now trademark rational use is more and more are known and reflect the world countries and regions for specific provisions in legislation. In fact, from the90s, some involving trademark region or global international convention to rational use of trademark affirmed. Discuss trademark reasonable use system theoretical basis and practice background and discusses rational use of trademark system rationality and necessity of, be helpful for balancing trademark, other operators and commercial interests in the trademark rights and trademark rights limit equilibrium, maximize the trademark rights and interests, and build a fair and orderly competition market environment, promote the continuous improvement of the trademark law.This paper first through the D company in the process of IPO for trademark intangible assets disposal the case, analyzes all kinds of trademark disposal way, as so to discuss the pros and cons of the rational use of trademark system; Secondly, based on the rational use of trademark rules inaccuracies, reflection, our country at present the trademark reasonable use system problems. In the analysis, to determine the range of rational use of trademark on the basis of, and puts forward rational use of trademark definition, and the rational use of trademark system status, function, classification introduced; Again, through to the United States rational use of trademark system introduction and analysis, in the rational use of system theory and practice background discussion, from the essential characteristics of trademark, the trademark of the restrictions, the trademark protection, prevent the abuse of trademark, the requirements of market competition, perfect the system of the trademark law of trademark reasonable use system construction of the theoretical basis of the argument. Reveal the legislative value of trademark fair use system, as well as the trademark reasonable use system to establish the rationality, necessity and urgency. Finally, combined with cases caused by the trademark infringement on thinking about the problems of the company in the process of IPO for D trademark disposal problems of practice, focus on the analysis of the rational use of trademark in the process of judgment, because of the different forms of trademark signs used the consequences of the trademark, and then discusses on the management of intangible assets such as scientific, legalization, combined with China’s trademark fair use system in practical application of the hysteresis phenomenon, put forward the corresponding Suggestions.