On Fair Use System Of Trademark

With the right of trademark developing widely, it has become a new trend to restrict the right of trademark. Fair use of trademark is one of the ways to restrict the right of trademark, as many countries and treaties have ruled it . However, fair use system of trademark in our country has not set up yet. This paper makes research on the basic conception,different kinds of trademark fair use,its condition and the trademark fair use legislation and practice in U.S.. Through the method of comparing, analyzing, summing up etc., proposes some suggestions on perfecting the trademark fair use system in China . This paper includes four chapters.Chapter one: The summary of the trademark fair use theory. Through the argumentation with basic meaning, including its name, its justness, its difference between the copyright fair use, analysis of its conflict of interest, attempt to introduce the theory and its basic conception.Chapter two: Varied kinds of trademark fair use. By analyzing the descriptive fair use, nominative fair use ,comparative advertising and parody, demonstrate varied kinds of trademark fair use, especially the development of trademark fair use legislation and practice in U.S. to use for reference in China.Chapter three: The legislation and case of trademark fair use in China. Chapter four: Point out the necessity for China to establish the trademark fair use system, and give some suggestions on how to establish it.