On Fair Use Of Trademark

In the world and international treaty of intellectual property system, copyright fair use and patent fair use are important components, the provisions of the trademark fair use began to receive national attention in recent years by countries.The restrictions of Trademark fair use in the trademark system plays an important role, it plays an important role in the balance of interests. However, with the continuous expansion of trademark rights, the fair use of trademark in China is in an imperfect legislation. The establishment of the system of trademark fair use has become an urgent need, because there was no comprehensive legislation to satisfy the public interest. In order to solve our trademark disputes in the practice field, the courts have no sure legal basis to solve these difficult problems. The purpose of this article is to improve the theory and legislation system.Based on the analysis of the concept of trademark fair use, the author affirmed the necessity of trademark fair use, that it refers to the comprehensive consideration of who registered trademark and others under the premise of the public interest,to allow others use trademark in their productions and business activities in goodwill and proper use, the use of a registered trademark does not constitute the infringement. It has limited the rights of trademark owner. From a legal point the nature of fair use of trademark is a form of trademark infringement, since it has legal use reason, so this does not constitute a trademark infringement, if the use beyond the scope of legal and rational, it will evolve into trademark infringement.In China,the system of trademark fair use on the legislative level is low, the fair use types that provide are not comprehensive, the operability of trademark fair use is not strong.The verdict results in different instance is inconsistent. In order to meet the needs of other users in normal business activities, concerning the social public benefit, we should improve the system of trademark fair use.Specified in trademark law in China, the definition shall be, in the comprehensive consideration of who registered trademark and others under the premise of the public interest,to allow others use trademark in their productions and business activities in goodwill and proper use, the use of a registered trademark does not constitute the infringement. And explicit provisions in trademark law, increase nominative fair use. explicit judgment standard should include the use of purpose, using behavior and the results, improve the supporting laws and regulations.