On The Essence And Typological Of Trademark Infringement

With the development of economy and society, Trademark Right expands gradually, and its connotation becomes more and richer. Trademark has become the important intangible assets of enterprise. Its huge value has attracted many people who always pursuit for benefit. They have not hesitated to take risks to put up the trademark owners'vehicles. Thus, the trademark abusing always happens, and the ways of tort present a complicated tendency. The omnifarious trademark torts make the cognizance work more difficulty. The authority department appears unable to help the trademark owners toward the special infringement lacking law to regulate.The solution of this question depends on the consummation of the Trademark Infringement's Theory. There are many contents such as the principle of the responsibility returned by the right infringement, the rule of the right infringement to recognize in the domestic and foreign theory research achievement. However, few scholars research in the essence of Trademark and Trademark Right, and fewer researches in the essence and the typology of trademark infringement. It is more important to understand the object's essence once the abstract legislation can't adapt to the complex society development fully. Whether the specific behavior should be regarded as infringement will have the corresponding basis once the essence of the trademark infringement appears clear; the legal executors have the explicit reference standard when they carry on the legal inference if the trademark infringement is styled again. Then, it can not only enhance the efficiency of the practice operation, but also increase certain accuracy. Therefore, the analysis of the trademark infringement's essence and typology has positive sense in both the theory and the practice.Based on analyzing the essence of Trademark and Trademark Right, this article concludes that the essence of Trademark Infringement is shutting off the relation between the trademark and the commodity or service information in it,limits the scope of Trademark Right, delimits a reasonable boundary for protecting Trademark Right and cognizing the trademark infringement combining the front analysis, and puts up the typological system of the trademark infringement in China. I hope this article can benefit in the legislation and the judicial practice, and offer a few ordinary introductory remarks so that others may offer their valuable ideas.