On The Trade Marks Fair Use

Balance is the benefits goal pursued by law system. In recent years, with the constantly sounding and deepening of intellectual property law, the benefits balance attracted many people's attention. The intellectual property law, from system design to implementation, facing how to deal and reconcile contradictions, which is between the legitimate monopoly of intellectual property rights and the reasonable requirements of public. With the rapid development of economy and society, the trademark as one of rights of intellectual property rights, whether the objects or right practice also have made the development of speed. This allows us to attach great importance to improve the system of trademark restrictions. As one of the focuses of trademark restrictions, the rational use of trademark rights is gradually showing in national legislation. Compared with these countries, our country's law about the rational use of trade mark system is the very thin and simple. However, as the continues developing of economy and increasing degree of opening to the outside world, the case which related to reasonable use of trademark rights is increasing. However, because the lack of relevant legislation which makes lot of trademark disputes is no legal basis in the judicial system. Therefore, do a preliminary exploration, and efforts to further improve the rational use of trademarks .The purpose of this article is can be helpful to administrate justice in the future.The text of article is divided into five sections:The first part, supplely introduce "VOLVO Company v. Ryan trademark infringement" case , pointed out that the controversy was the focus ~ Ryan's use of "VOLVO" trademark acts constitute the rational use of trademarks or not. Leading the problem that is the rational use of trademarks in this article.In The second part, do a detailed overview for rational use of trademarks. First of all, in accordance with existing laws in some countries about the rational use of trade mark system summed up the concept of rational use of trademarks. Second, classify the rational use of trademarks, some scholars held different views on this. Huang Hui and other scholars who advocate "dichotomy", narratively and indicatively use of rational use rights,Xiao-Qing Feng advocate "cross and cross," The rational use of the trademark as follows: the rational use of narrative, the rational use of the indicative, illustrative use of the rational use of and parallel. Dichotomy in my opinion a more reasonable number based on general Analysis. Finally elaborate the meaning of rational use of trademarks in the legislation.Part 3, get the status of legislation in our country are Low-level, narrow scope of application, the relevant provisions are too rough, bad operability through compare reasonable use system of trade mark between. Different countries, regions and international conventions.Part 4 is the focus of this article, through a combination of "VOLVO Company v. Ryan trademark infringement" for the purpose of Analysis the standards of justice. Although China's "Regulations for the Implementation of the Trademark Law," the first 49 pairs writed the rational use of trademarks. However, because some relevant details of the provisions are too broad, making operation in judicial practice to have certain difficulties. Therefore, the article analysis the elements of rational use of the trademark based on the practical case. Grooming the judgment standard in order to help the judicial practice.Part 5 detailly describe what sort of our country at present about the rational use of trade mark legislation in our country, making up the relevant legislative proposals.