The Commercial Use Of Chinese Trademark Is Reasonable

Fair use system in the field of intellectual property rights in copyright, patents in the field have a clear legal provisions. But in trademark law provisions on fair use system is not perfect, only proper use of the provisions of the new trademark law. In this paper, the basic theory of trademarks as a starting point, discusses the trade mark, trademark, trademark fair use and legitimacy. From justice, equality, honesty, public perspective of the legal value of the trademark fair use system in the field of trademark law exists. Turn to see the relevant foreign legislation can be found in the relevant trademark fair use advanced and level of detail of legislation. On this basis, legislative, judicial status of the trademark fair use to analyze, leads to problems of trademark fair use system in our country, such as inadequate legislation, the concept is not uniform, trial standards imperfect. Finally, based on the issues raised, profound analysis of the problem, combined with our current reality, to make certain measures to improve the legislative, judicial, and theoretical research, academic exchanges. In this paper, the writing process, the relevant theory at home and abroad were studied. On the basis of these outstanding researchers studied results, the basic theoretical and practical as a starting point, using standard analysis from the conceptual level, the normative level, the operational level of trademark fair use are discussed. In writing this article the structure can be divided into five parts:The first part, the theory outlined trademark commercial fair use;The second part, the type of trademark commercial fair use;The third part, Foreign Investigation trademark fair use;The fourth part of the status quo trademark commercial fair use;The fifth part, improve our trademark commercial fair use.