Research On Legal Issues Of The Use Of The Affiliated Companies Trademark

Affiliated companies refers to the pursuit of profit maximization and the largest benefit purposes, or to take equity participation in the capital and other means to infiltrate or contractual mechanisms between companies and jointly contribute to the status of an independent legal enterprises. By this particular implementation of the new body acts to break the normal use of the trademark use of the trademark, enriches the theory of trademark law and thus lead to a new trademark law relationship. Theory and practice field worthy of concern is that the use of behavior has not been the case the source of the legitimacy of the owner of the trademark license and trademark system to our existing as well as to respond to the impact of legislation.Based on a typical case of the Supreme Court concluded the legal issues involved, combined with existing trademark law and the basic theory of my own thinking, the use of case studies, comparative analysis, empirical analysis and other research methods, discusses the affiliated companies trademarks used within the external behavior of the status of the standards and distinguish the source of the internal behavior of legitimacy and trademark licensing contract between affiliated companies. To further arouse the theory and practice of the concerns and research, so as to continuously enrich the theory of trademark law.This paper is divided into five parts.Part I- Introduction. This section describes the background and significance of the topic of the topic, summarize the status quo affiliates trademark and our judicial and legislative aspects, in addition, this paper introduces the topic of the significance of the theory of trademark law and innovation of this article topic.The second part- "shepherd case" merits brief. This section includes the significance of the introduction of the merits of the case summary Introduction and focus of controversy and the casePart III- "shepherd case" reflected affiliates trademark of points. The main contents include the following: First, the associated companies recognized identity. The section from the definition and characteristics associated with both companies to generalize to affiliated companies. Second: How to distinguish between the use of internal and external behavior. The portion of people’s behavior and the consequences of the intended use as an internal distinction between two aspects of the use of standard external behavior. Third: How to understand the behavior of legitimacy for internal use. The section from the trademark function of good faith, the principle of balance of interests and to prohibit the use of the principles of its legitimacy highlight of inquiry. Fourth: the necessity of inter-related enterprises trademark licensing contract. The section from the balance of interests of both sides to promote the use of trademarks and trademark licensing system to demonstrate the status of the license contract connotation between associated enterprises.Part IV- on the "shepherd case" judgment and enlightenment. Including the revelation on the legislative and judicial.Part V- This part of the topic of research ideas of the sort, for a summary of the author’s point of view...