The Judgment Of Trademark Use In E-commerce Environment

The effective exercise of the disabled rights of trademark are different from the Copyright and the Patent,it's more complicated.Because the disabled rights of the trademark are not absolute and comprehensive,the distinctive of the use based on trademark law and the use that not related to the trademark law are of great significance,especially after entering the era of e-commerce marketing,its meaning and difficulties are increasing day by day.At present,the academic circles have already studied the use of trademarks in traditional business environment,and there have been many cases of trademark use in judicial practice.Trademark use system is important for trademark law on little controversy.This article is based on the e-commerce business model to explore the trademark use system under it.Hoping to provide some new solutions to the problem of trademark infringement judgment in e-commerce environment.Besides the introduction and conclusion,the paper is divided into four parts:The first part is combing the concept of trademark use,clear the enumeration rules are superior to the general rules for trademark use,compare the legislation on the use of trademarks in several major countries,locate trademark use as the foundation of that trademark establish links with certain goods or services and the coagulation of goodwill,summed up the judgment criteria of trademark use in traditional business environment include: national use?use in commercial activities ?publicly use?use for distinguish the origin of goods or services.The second part through combing the network link,meta tags,keywords promotion and other typical trademark use form in e-commerce environment to illustrate the influence of the e-commerce environment on the use of the trademark and the reshaping of the trademark function and combined with the typical case of judicial practice to clear the impact caused by this new business model on the basic theory of trademark use judgment and it's difficulty.The third part contra the difficult of the judgment of area that trademark use in ?the question of the public use criterion and the difficult of the prove of use for distinguishing goods or services criteria and other problem that the second part mentioned,reference the relevant provisions of the World Intellectual Property Organization and the judicial practice of Anglo-American countries to propose solutions.Finally,carding the status quo of our country's legislation and judicial in the judgment of trademark use under e-commerce environment,and put forward some suggestions on the perfection of legislation and judicial application.