Research On Trademark Use In Trademark Infringement Determination

Trademark infringement means that the infringing subject of the non-trademark owner violates China’s "Trademark Law" and relevant laws and regulations,and uses the same or similar logos on the same or similar products without legal authorization or permission,so as to give others legal rights Impaired behavior.Trademark use in the sense of trademark law is closely related to trademark infringement.In the process of determining trademark infringement,it can be shown that the trademark use of the product source is a prerequisite for trademark infringement and a logical prerequisite for the possibility of confusion.Therefore,the research on trademark usage has unparalleled value and practical significance.The author cited the "Uniqlo case" as a reference,and combined with other classic cases such as "Blue Storm" to discuss the core issue of the determination of "trademark use" in the context of trademark infringement in trademark law,although the legislation and four This statement has not been included since the second revision,but the author believes that it can more clearly reflect the essential meaning of the logo in the context of infringement.This article discusses in detail the analysis,definition,and status of the concept of trademark use in infringement,should it be used as a prerequisite for determining trademark infringement,as well as constituent elements and other objective factors that can affect its determination,and finally based on China ’s current legislative profile The sexual use theory puts forward perfect suggestions,hoping to be beneficial to the development of China’s legislative practice,the improvement of the efficiency of judicial proceedings and the coordinated development of the balance of interests among social subjects in the rapidly changing world of big data.