Comment On The Case Of IF You Are The One

In the "You Are the One" trademark case,regardless of the first instance,second instance or retrial did not discuss whether the program name is a trademark use of this infringement premise in the court,but simply identified it as trademark use.For the question of whether or not the trademark infringement is constituted,the conclusions of the first instance,the second instance,the judgment of the trial court for the same or similar trademark(goods and services)are different.Through the case study method,this article analyzes the trademark of "You Are the One",and discusses the legal issues such as the same or similar judgment standard of the trademark,the same or similar judgment standard of the commodity(service),the use of the qualitative standard of the TV program and the academic point of view.Comparative analysis of the status of China's legislation,the views of Taiwan scholars,the EU judicial experiences,and finally concluded that: the name of the program constitutes a trademark use of the requirements of the TV program for the commercial nature of the activities and make the relevant public to distinguish its role.In the trademark infringement,the identification of the same trademark should adopt the overall principle;on the same goods(services)identified by the objective criteria,strictly in the "goods and services classification table" as the basis for the similar goods(services),To "similar goods and services classification table" as a reference,combined with the main content of goods(services),for the object to see whether the similar.