On The Limits Of Trademark Rights

The corresponding regulation is established for restriction of trademark right in Trademark Law in many countries. But the rational regulation has not been set down for restriction of trademark right in Trademark Law in our country after undergoing two-amendments, which is not in accord with the direction of international lawmaking and is not in harmony with our lawmaking system of intellectual property in our country. As a kind of private right, the implement of trademark right will affect benefits of the grass roots to a certain degree. From the point of view of balancing the person of trademark right and benefits of the grass roots, when conflicts occurred between benefit of the person of trademark right and benefits of the grass roots, we should not only take into account benefit of the person of trademark right, but also deliver necessary protection to others' legal rights. The non-restricted trademark right overlooked obviously benefits of the grass roots and it is non-reasonable. So it is quite necessary to draw lessons from lawmaking in foreign countries so as to regulate, develop and perfect the restriction of trademark right in china.This paper expounds the theory foundation of restriction of trademark right, which carries through the comprehensive demonstration and study on theory of the restriction of trademark right from the point of view of establishment of trademark right, concept and kinds of the restriction of trademark right, basic theory of the restriction of trademark right and value of the restriction of trademark right.The fair use is one of restriction of trademark right. This paper considers that ways of fair use of trademark right includes commercial fair use and non-commercial fair use. The commercial fair one mainly includes narrative, indicative and fair critical use, and non-commercial fair one includes mainly news report, fair use in news comments and waggery imitations and dictionaries. On the basis of this the paper brings forward five standards on estimating fair use of trademark. Meanwhile this paper also puts forward advise of establishment of fair using system in Trademark Law and definition of trademark fair using...