A Study On The Dispute Of "Trademark Use" In The Judgment Of Trademark Infringement

In the judgment of trademark infringement cases,the status of "trademark use" is very important.However,relevant laws and regulations do not explicitly stipulate "trademark use",resulting in many controversial issues.Neither the practical nor theoretical circles have reached consensus on this issue.Therefore,by searching for a large number of cases in judicial practice and reading relevant academic research results to sort out,analyze,and summarize,explore and resolve the controversial issue of "trademark use" in trademark infringement judgments.Firstly,it summarizes three controversial issues in the determination of trademark infringement: first,the concept of "trademark use" itself is unclear and there is confusion with related concepts;The second is that there are disputes over the positioning of "trademark use" in trademark infringement cases when they are judged;Third,there are two different identification standards for "trademark use" : "actor subject standard" and "consumer identification standard";Secondly,through their respective use subjects,use objects,use behaviors,and use intentions,they conduct a multi-angle analysis of the "trademark use" in trademark confirmation,the "trademark use" in trademark infringement,the "legitimate use of trademarks",and the "trademark use" in trademark infringement,Summarize the special features of "trademark use" in trademark infringement judgment and clarify its concept: unauthorized users who do not have a legitimate source of rights,without the consent of the trademark owner,maliciously use prominent and well-known trademark logos in commercial activities to replace the logos indicating the source of the goods or services they provide,with the aim of producing the effect that consumers may incorrectly identify the source of the infringing goods,Thereby establishing a specific connection between the trademark identification and the goods or services provided by oneself,ultimately resulting in the effect that consumers may mistakenly identify the source of infringing goods;Thirdly,through the evaluation and analysis of the controversial views,it is proposed that "trademark use" should be an independent element and a prerequisite element in the determination of trademark infringement.Three reasons are proposed in the argument for the aforementioned viewpoint.They are: first,"trademark use" is a necessary and sufficient condition for infringing the trademark rights of trademark owners;Secondly,it is advantageous to distinguish between trademark infringement and unfair competition;Third,it is conducive to saving valuable judicial resources and gradually improving the trial efficiency of the court in handling trademark infringement cases;Finally,by sorting out the shortcomings of the two different identification standards,"consumer identification standard" and "actor subject standard",it proposed that the essence of the two can be absorbed.On this basis,it enriched and improved the identification standard of "trademark use" in trademark infringement judgment,and finally concluded that the identification standard should be comprehensively judged from both subjective and objective aspects: first,The purpose of subjectively determining whether the perpetrator has the ability to incorrectly identify the source of infringing goods is to determine whether the use of the trademark is for commercial purposes and whether the trademark has been significantly used;Secondly,it is necessary to objectively judge whether there is a possibility of mistakenly identifying the source of infringing goods in an objective act.At this time,relevant public standards need to be applied.Through the comprehensive judgment from the above two different perspectives,the proof of "trademark use" in trademark infringement cases can be completed.