Trademark Infringement Of Resale Of Goods Modification

Resale of goods modification is common nowadays with the rapid development of marketization.But its type is complex,the scope is broad also causes the dispute about the trademark infringement unceasingly.And in the field of trademark law in China,relevant laws and regulations is not alone or specific regulation of the behavior,and on the basis of saving resources to some extent,circular economy policy and provides a justification for goods adapted to sales,this makes the court in determining the behavior is illegal to juggle multiple interests,predictably complex problems.Therefore,the study and analysis of the trademark infringement problem of the resale of goods modification will provide theoretical and practical support for the healthy and sustainable development of current market economic activities,which is an urgent task for all market-oriented industries.Based on the research in this thesis,the focus is on the sales behavior of goods modification,that is,the product transformation itself.Therefore,the problem of trademark infringement caused by the trademark transformation and use is not within the scope of this thesis,and such problems have been clearly stipulated in the trademark law,so there is no need to study.Based on the modified sales involving goods related cases of classification on the basis of combing,trying to analysis and typical cases,summarize the main points discussed and according to the typical cases,and combined with related theories in the field of trademark law in China and abroad theory and typical cases to a concrete analysis of several main points,finally obtained three kinds of commodity sales behavior standard of trademark infringement determination.I believe this will provide reference for the court to deal with such cases.This thesis is divided into three parts:The first part is to sort out the relevant cases involving the resale of modified goods,which can be divided into the resale of modified goods,the resale of modified goods and the resale of changed goods.,in turn,induction and analysis of the corresponding type of classic case,put forward the current commodity modified resale behavior issues,namely the use of commodity whether the trademark constitutes trademark use,product modification and confusion of the relation between the theory of the relationship,product modification and trademark function,the relationship between commodity modification and trademark rights of exhaustion,commodity modified the relationship with the trademark fair use,and how to product identity.The second part is the summarize the main points discussed according to the typical cases,and combined with related theories in the field of trademark law in China and abroad theory and typical cases,from the confusion theory,trademark function,trademark restriction and the essence of the issue from several aspects of commodity modified carry out specific analysis on whether the resale behavior constitutes trademark infringement,trademark use is confusion theory to determine whether the goods modified resale behavior constitutes infringement of precondition and has its corresponding applicable conditions;Trademark function and confusion theory have independent value in judging whether the act of reselling or refitting goods constitutes infringement.The principle of exhaustion of trademark right and reasonable use of trademark should meet the corresponding conditions.The essence of the dispute over the resale of modified goods is whether the modified goods and the original goods constitute the identity in trademark law.The third part puts forward the judgment standard of trademark infringement in the resale of goods modification.First,from the perspective of constitution confusion,judge whether it belongs to the use of trademark.If it does not belong to the use of trademark,judge whether it causes substantial damage to the rights and interests of the trademark owner.Secondly,if the use of a trademark constitutes the use in the sense of trademark law,the criterion of "same or similar goods" + "same or similar trademarks" shall be used to determine whether it constitutes confusion.Second,from the perspective of trademark function,judge whether it damages the source identification function,quality assurance function,advertising function and reputation bearing function of trademark.Then,judge whether the resale of modified goods,the resale of modified goods,the resale of modified goods and the resale of modified goods packaging constitute trademark infringement.The fourth part is the conclusion.Echoing the introduction,this thesis summarizes the research background,innovative content and practical problems solved,affirms the value of the paper,and points out the shortcomings of the paper.