Trademark Fair Use System Research

Intelligent use of brand means using registered trade mark of others under certainconditions. It is not regarded as a sort of behavior infringement of a trade mark. Thesystem of brand intelligent use is a very important term of system that restrictsownershipoftrademarks.This system plays majorroles inbalancingbenefit betweenpeople who have ownership of trade marks and main body of market competition,safeguarding public interest of society, maintaining favourable order of marketcompetition. There are some provisions about system of intelligent use of trademarkin Trademark Law in a lot of countries of Europe and America. Limitation ofprovision and difference of understanding result in some divergence in juridicalpractice, but much beneficial experience has been accumulated. There is no definiteprovisionaboutintelligentuseoftrademarkinTrademarkLawofourcountry.Neitherresearch in theoretical realm appears insufficient. The paper analyzes theory andpractice of intelligent use of trademark, so in the hope of fulfilling comprehensivecognizance to system of intelligent use of trademark. On this basis, proposal andfancyinsystemofintelligentuseinourcountryareputforward.Part One is theoretical basis of intelligent use of trademark, it comprises both sidecontents. First of all, it summarizes intelligent use of trademark. It definessignification of intelligent use of trademark, introduces instance of legislation of a lotof countries, and summarizes feature of intelligent use of trademark. Secondly, it isabout fundamental analysis of fundamental analysis trademark intelligent use system.Thepapersetsforthboththeoreticalsourceandlegislativemotiveofintelligentuseoftrademark and analyze value of system of intelligent use of trademark from theeconomicangle.Part Two is about content analysis of trademark intelligent use institution. It mostlysum up content involved trademark intelligent use system from three aspect. First ofall, it presents briefly intelligent use involving the theory of confusion of trademark and desalting of trademark, there is prodigious distinctness between both of them.Secondly,this paper classifytrademark intelligent use in terms of different standard.Lastly, it sums up judgement principle and concrete judgment method of trademarkintelligentusefromaspectsofusepurpose,usagemodeanduseoutcome.Part Three perfects trademark intelligent use institution. On the foundation ofresearching law-making stipulation and juridical practice bout trademark intelligentuse of our country, incorporating analyses above, writer puts forward some proposalto perfect trademark intelligent use of our country and attempt to design correlativelawclause.Presentwriterthinks,whentrademarkintelligentusesystemisestablished,first of all, we must nail down the theoretical basis. Secondly, we must crystallizejudgment criteria that can learn from institutional legislation of trademark intelligentuse in trademark confounding and desalting theory. In regard to concrete clausedesign,generalclauseplusenumerativewaycanbeadopted.