Identification Of "Trademark Use"

As a kind of symbol,trademark is the most basic function to identify or distinguish the source of goods and services."Trademark use" is a way of using the function of trademark source identification,which is inconsistent with the meaning of "trademark use" and "fair use of trademark"."Trademark use" has a very important place in trademark law.The "nonuse for three consecutive years" trademark revocation system and trademark infringement determination play a key role in the core of the trademark system.By analyzing and demonstrating several major controversies existing in the determination of "trademark use" in current theory and judicial practice,this article considers that the determination of "trademark use" under the "three consecutive years of non-use" trademark revocation system should be based on The true intention of the trademark owner is the key element;in the determination of trademark infringement,the determination of "trademark use" should be based on the possibility of source identification.As long as the trademark has the possibility of being identified,it constitutes "trademark use";In the judgment of the prior use of a trademark,the subject of "trademark use" can only be the trademark owner or its authorized third party,and passive use is not "trademark use;use in violation of administrative law still belongs to" trademark use "...