Research On The Use Of Trademarks Trademark Law

The use of the trademark is of great significance in the trademark law,which affects the acquisition of trademark rights, revoke the registeredtrademark and the scope of trademark protection. Firstly, the use of thetrademark makes the trademark generate the function of distinguishingfrom the goods or services, increases the possibility of trademark to acquiresecondary meaning and also is a necessary condition for protection ofunregistered trademarks; Secondly, the use of the trademark can reduce thepossibility that trademark holders unintentionally make their trademarksbecome generic name and also reduce the possibility of the trademarkbeing revoked, at the same time, the requirements of not using revokesystem is also beneficial to clear the idle hoarding of trademarks, to avoidthe waste of resources; Finally, the use of the trademark can affecttrademark infringe determination and the scope of trademark rights, anappropriately used trademark may become a well-known trademark, animproperly used or not used trademark may leading to the results of havingthe right but no compensation.The article makes a detailed analysis of provisions related to the use oftrademark in TRIPS Agreement, the U.S. Trademark Law, GermanTrademark Law, as well as the Trademark Law of China, I believe that theconcept of the trademark use should be a high-level overview of theessence of the trademark and be defined from the purpose of use, thesubjective aspect of use, the objective aspect of use, which should reflectthe distintive function, as "the use of the trademark is refers to operators intheir commercial activities, to show that the source of goods or services,use a mark on the goods or services ".The definition of such a trademark concept can apply to theacquisition of trademark rights, revoke the registered trademark and thescope of trademark protection system, which have a guidance andcommand role on judge diversity of trademark use. In each system, how tojudge the use of the trademark is a more complicated issue, details of thestandards need to be summarized from the practice. This article is divided into four chapters, the first chapter is a trademark overview, define themeaning of trademark use, analyse the use of the trademark systemfunctions and relevant legislations. The second, third and forth chapters putthe concept of trademark use as a guide, verify the standards of trademarkuse separately in the acquisition of trademark rights, revoke the registeredtrademark and the infringement of trademark systerm.