The Research On Component Of Fair Use Of Register Trademark

As the expansion of trademark right, restriction of the trademark right becomes a new international tendency. One of approaches to restrict the expansion of trademark right is to require fair use of register trademark, which is popular in regulation of many countries. However, the trademark law and other legislation about trademark right restriction in China are still defective. Although《The regulation of implementation of trademark law》published by the state council on August 2002 stipulates the restriction of trademark right, this stipulation is low in effect and operation which is unsuitable to the emergence of register trademark lawsuit in China. The long-term absence of law and the vagueness of relate regulations are harmful to solve social conflicts. Hence it is necessary to analyze the component of fair use of register trademark. This paper contains four sections. The first section is to review literatures on fair use of register trademark, to differentiate the notion of fair use of register trademark, to conduct legal principle and economic analysis, to explain the validity theoretically. The second section is to analyze the components of fair use of register trademark on its subject and subjectivity, to explain that under what psychological condition the main body would use the register trademark appropriately. The third section is to analyze the components of fair use of register trademark on its object and objectivity, to discuss the right and obligation of objects in fair use of register trademark. The fourth section is to analyze the relate regulations problem and possible solution of component in fair use of register trademark.