Judicial Determination Of Trademark Use

In modern commercial society,trademarks that distinguish between a brand or service of an operator and the goods or services of other operators play a very important role for commodity operators and service providers.In recent years,trademark infringements have been commonplace.However,an important consideration in determining whether a business conduct constitutes a trademark infringement is whether the act constitutes trademark use on trademark law.In the judicial judgment,judging whether or not to establish a trademark infringement does not depend on whether it constitutes the use of the trademark,but whether it constitutes confusion.Rarely consider whether to establish the use of the provisions of the trademark law.But in fact,judging whether or not to establish the use of trademarks can not only define whether the behavior is confusing,but also determine whether it constitutes the basic condition of trademark infringement.Although the use of trademarks is of great significance in the study of trademark law,there are not many articles on the use of trademarks at home and abroad.The current regulations on the use of trademarks in China are only listed.This list of legal provisions reflects the legislative system of trademarks in China.The lag is also a lot of difficulties and problems for judicial decisions.Therefore,the author tries to summarize the typical judgment of the Supreme People’s Court through an overview of the use of trademarks,in order to provide new ideas for judicial decisions.This paper is mainly composed of five parts.The first chapter discusses the use of trademarks first,mainly discusses the meaning and methods of trademark use and focuses on the use of trademarks as stipulated in the Trademark Law.The second chapter will conduct an empirical analysis of the legal status of trademark use in the case of trademark infringement.Firstly,it lists the judicial documents of the Supreme People’s Court,and then summarizes them.Finally,it points out the status of trademark use in China’s judicial practice.The thirdchapter will conduct comparative law research,mainly involving the US trademark use system and judicial precedents,the EU trademark use system and judicial precedents,Japan and Taiwan’s trademark use system and judicial precedents for comparative analysis.In order to find out the trademark use system suitable for China,and the lessons that should be learned when the trademark law of China stipulates the use of the trademark.The fourth chapter will be based on the previous analysis and put forward the problems in the definition of trademark use in China.The fifth chapter will put forward relevant legislative proposals for the problems existing in the use of trademarks in China.