The Use Of The Trademark-like State And Identified

The trademark use has always been an elusive law proposition. In the trademark law system, it is a concept of multiple meaning which contained in the framework of the trademark owners'right, the administration of trademarks, trademark right infringement and so on. Besides, owing to affection by many other factors, such as the commercial system, operating platform and trading habits in the commercial activity, features of the trademark use present more complicated. As a result, it's difficult to reach a consensus on determining the trademark use.In the framework of trademark law system, there are two typical forms of trademark use in general terms. The first one is the continuous use of a trademark which means that registered trademark owner exercises the trademark rights within the specified scope. The second one is the infringing use of a trademark. In the circumstance of that others use the trademark of a trademark owner, such code that determines whether the trademark owner can get the relief under the trademark law or not.In China, no clear-cut distinction can be drawn between the continuous use of a trademark and the infringing use of a trademark. As a consequence, how to distinguish the various categorizations of trademark use, ownership and determination standards in trademark system has great significance for legislative coordination and justice unity. This is the emphasis of the content discussed in this paper.This paper is divided into three parts, including introduction, text and conclusion.In the introduction, the various mode of using trademark, the background and research methods are introduced in this part.The full text is totally divided into four chapters.The first chapter contains the basic concept and related trademark system, background and foreign legislation of the continuous use of a trademark.On this basis, in the second chapter the author analyzes the deficiency of trademark system and puts forward the determination standard which includes four elements: subject, object, subjective intention and objective effect.In the third chapter, the basic category of the infringing use of a trademark has been fully explained. This part also derives the value of the determination of the infringing use.After that, in the forth chapter, the author integrates legal provisions on trademark use and summarizes requirements and standards in determination of the infringing use based on the judicial precedents.The conclusion part concentrates on the comparative analysis between the two typical forms of trademark use. On that basis, the standards and concerns of different system are combined in order to provide a basic consideration for clarifying the current chaos made by the determination of the trademark use in China's judicial practice.