Commercial Trademark Fair Use

This article starts from the introspection of problems of trademark fair usesystem in china nowadays, by discussing the supporting theories and practicalbackground it proves the importance of trademark fair use in the theory andPractice. After redefining the definition, I try to rebuild the system of trademarkfair use on concepts, status and basic requirements. Through investigation ofadvanced foreign legislation and the relevant typical cases and analysis of thecurrent legislation of our country, I give some specific legislative suggestionsaccording to different types of trademark fair use. This article can be mainlydivided into four parts:PartⅠ: Rethink the problems of trademark fair use system in chinanowadays, then discuss different concepts of trademark fair use of differentscholars and finally put forward a unified concept, make clear its statue as anindividual defense of trademark infringement and divide the trademark fair useinto two types.Part Ⅱ: Discuss the supporting theories and practical background Provethe rationality and necessity of trademark fair use system.Part Ⅲ: Analyze relative legislation and typical cases of other countriesand districts especially USA and EU on the criterion of trademark fair use,thengive some specific suggestions according to descriptive fair use,nominative fairuse and comparative advertisement these three types based on the analysis oflegislation in china.Part Ⅳ: Introduce the new situation and specialty of trademark fair usewhen used on the internet, point out the main principle and specific criterion ofdifferent ways of use and finally put forward legislative suggestions based onthe analysis of current legislation.