Trademark Fair Use "discrimination,

In recent years, scholars have been introducing fair use of trademark rights as part of a trademark restrictions.The reason also appears eloquent.The protection system of intellectual property shall be in line with the social development and based by the realistic requirement, balance the interests between the obligee and the public.Balance is the connotation and core of intellectual property. As a way of balancing the interests between the right holder and public,right limits plays an irreplaceable role.As the scholar said, where there is right, the limits exits,or the right will be abused and constitutes a threat to public interests.The Fair use system is a very important part of intellectual property rights.It was reflected in copyright law and patent law. But what's the pity is that the fair use of trademark has been ignored, and the relevant system is lacking,which cause extremely negative influencein in the practice.This is also the objective requirements that to be coordinated with limited system of the copyright and patent right.Scholars mean that a third party can lawfully make use of a trademark in production and marketing without asking the obligee's permission or paying fees when they refer to the term"the fair use of trademark". About so-called "trademark reasonable use" category, scholars' opinion was not the same.In fact,the so-called"fair use"includes both"Descriptive Fair Use"and"Nominative Fair Use".Scholars of so-called "descriptive reasonable use" namely "the narrative reasonable use"; While "prescriptive reasonable use" actually in essence is the "narrative reasonable use", which means the use of the narrative trademark in description of the basic information of other people's products,such as the quality,function and the main raw material and the product model.As to parallel imports, according to the definition of Feng XiaoQing,it means the proper-not significant use of previous trademark in their own commodities.In fact,parallel imports belongs to the trademark exhausted, that when the specific commodity with the trademark put on the market,the right is exhausted and the use of the commodity shall not be interfered,and the original trademark can be continue to stick attached to the commodities. As to the category according to the type of the trademark,the place trademark,the name peculiar to goods or the dilution trademark, actually all belong to the "narrative reasonable use".According to trademark theory and the principles of fair use, however,"the fair use of trademark"is far from being fair. Unlike the fair use of copyright, trademark need not and can not be fairly used.