The Study On Trademark Use Of Trademark Infringment

Trademark Use refers to a functional concept which illustrates the sources of goods or services. It is the preliminary of trademark infringement, because it roots from the concept of trademarket. It is also the premise of confusing logic.It is of a great value by adopting trademark use as the pre-conditions of trademark infringement. Firstly, it is capable to maintain the interest balance between trademark rightholders and the public. Moreover, trademark use is also the basis for soluting the conflicts of commercial logos.Practically, it is hard to disdinguish trademark use because of the instability of public senses, which build the judgement standard of trademark use. Thus, neither statutory could provide clear guidance, nor the judges, because their different preference to the trademark use based on knowledge frames and experiences.When it comes to the network environment, the traditional elements of trademarket use are of challenges. The reason is that there exists unfair competition effect on the usage of trademark, which dose not meet the elements of traditional trademark use. All countries have different understanding of practitioners about whether to expand the elements of trademarket use. Most countries in Europe insists the traditional opinions about trademark use and refuse to recognize new ones. In contrast, the U.S. prefers making expansive interpretations about trademark use.This paper insists that the expansion of trademark use is rooted in expansive protection of trademark right holders. And the current case is only clues to this problem, it needs more legislative and judicial activities of the answer.This paper will be divided into three parts:At the begining, it will discuss the concept of trademark use and discriminate this concept with other similar uses, in order to evident the practical value of admiting the prelimilary position of trademark use.After that, this paper attempts to discuss the standard of determine the trademark use, from both fact, which will be depended on discussing the enactments of the countries, and effectiveness of trademark use.At last, it will also focus on the elements of trademark use within network environment by reviewing traditional holdings of trademark use and the cases of the expansive interpretation.