Research On The Identification Of Trademark Use In Trademark Infringement Disputes

With the promotion of the innovation-driven development strategy,the number of domestic trademark applications and effective registrations has continued to increase.China has become a veritable trademark country.At the same time,the number of trademark infringement cases has also shown an increasing trend.Due to the immaterial nature of the object of trademark rights and the diversity and concealment of trademark infringement methods,the trial of trademark infringement cases is more difficult.In addition,the provisions of China’s laws on the determination of trademark infringement standards are generally vague.Should trademark use be The determination of trademark infringement has become a controversial issue in judicial practice,making it difficult to determine the standards and boundaries for the use of trademark sex,which makes the trial of trademark infringement litigation more difficult.In judicial practice,“similar cases and different conclusions ” caused by the lack of clear and uniform standards for the determination of trademark infringement occur from time to time,which seriously hindered the orderly development of the market.The current increasing trend of trademark infringement lawsuits and the fact that the judicial protection effect of trademark law is difficult to meet the actual needs of market subjects,and many other practical dilemmas,have put forward a new era test on the clearness of China’s trademark infringement determination standards.Judicial protection of trademarks plays a escort role in protecting the legitimate rights and interests of market participants and market order.However,the emergence of unclear identification standards for trademark infringement has greatly reduced the effectiveness of judicial protection of trademark law.As the core content of trademark law,trademark use is closely related to trademark infringement.However,the current laws and regulations do not clearly stipulate the relationship between trademark use and the determination of trademark infringement,and academics and practice also have different understandings on whether trademark use plays a role in the determination of infringement.Because of this,in the "Mrs.King’s trademark infringement dispute case" cited in this article,there are very different conclusions of infringement determination.It can be said that the key to resolving trademark infringement disputes is to clarify the relationship between trademark use and the determination of trademark infringement.In view of this,this article intends to combine the difficulties faced by trademark use in practice,and on the basis of summarizing domestic practical experience and drawing on the experience of extraterritorial systems,specific analysis of trademark use and clarify theindependent status of trademark use in trademark infringement determination.First,this article explains the basic theory of trademark use,analyzes the similarities and differences between it and related concepts in order to clarify the connotation and extension of trademark use.Second,it summarizes the dilemma faced by trademark use in the determination of infringement,and focuses on discussing its differences with Confuse the relationship of possibility to explore the necessity of the application of trademark in trademark infringement lawsuits;again,after clarifying the relationship between the two,review the relevant system regulations of some countries and regions outside the territory and draw on foreign legislation and theory Advanced experience with regulations on trademark use.Finally,on the basis of the theory discussed and analyzed in the foregoing article,corresponding suggestions are made on the application of trademark nature in the process of trademark infringement determination in China and the standards.