Identification Of Trademark Parody And Infringement Judgment

The original function of trademark is to distinguish the sources of goods or services,but with the development of commodity economy,trademark gradually evolves into a symbol of incidental social culture,and the public increasingly expresses their thoughts and feelings by learning from trademarks in life,among which trademark imitation is the most typical.Trademark parody is through the changing use of the original trademark imitation,to let consumers contact the original trademark,so as to express their own criticism and irony of the original trademark.Although this kind of behavior conforms to the principle of freedom of speech and is conducive to the development of social and cultural diversity,trademark parody may also cause the infringement of the exclusive right to use the original trademark.In our life,trademark parody can be seen everywhere,but China’s understanding of trademark parody is still in the initial stage,the lack of trademark parody identification standards,and constitute the judgment standard of trademark infringement.Therefore,it is necessary to study the identification standard and infringement judgment standard of the trademark parody.Firstly,the author defines the concept of the trademark parody,analyzes the elements and explores the rationality of the trademark parody.