Study On The Element Of The Trademark Use Of Judging The Trademark Infringement

Trademark use seems to be a new word,in fact,the article forty eight of the trademark law is the essential provision about it.Trademark use has an important position in settling the trademark infringement disputes.Specifically,trademark use is the premise condition of trademark infringement.Only if the alleged infringer constitute a trademark use,there is a possibility of trademark infringement.This argument can be explained through the following aspects:first,trademark use puts the direct infringement as the research object;second,the trademark law has the integral character;Third,the essence of the trademark infringement lies in destroying the specific association;Fourth,trademark use is independent of the likelihood of confusion.Although,the circumstance of trademark infringement cases is complicated,even some cases have strong particularity,we still can induce some standards to estimate trademark use.When judging the trademark use of the trademark infringement,we should adopt the standard of source recognition nature,the scope standard of commercial logos,the degree standard of likelihood of source identification.In addition,we also should combine the public's cognitive level and consider the defendant's way of use to decide the trademark use.