The Study On Trademark Use In Trademark Infringement Of Online Advertising

As a commercial symbol to distinguish the source of goods and services, trademarkreach its goal through use. The trademark use means the way of use which can reachthe function of trademark.Only the trademark use can harm the function of trademarkand constitute trademark infringement.Trademark use is and should be one of theconstitution in trademark infringement,which also should be the threshold element indetermining the confusion.When in the internet environment,especially in the trademark infringement of internetadvertising, the traditional way in determining the element of trademark infringementmeet problems because of the nternality and speciality of the use. We should expandthe meaning of the trademark use to protect from the new way of unfaircompetition.In determining of the facts of trademark use, we should look into thefunction of of the online advertisement program and know how different parts works.This thesis will be divided into three parts:The first part will discuss the concept of trademark use and discriminate it from othersimilar concept of uses.Through the analysis of source and logic of the trademark useto improve that the trademark use should be the threshold of trademark infringementanalysis.The second part focus on the legislation and case law development of US and othercountries to narrates and analyzes the accomplished fact and points out the essence, point out the main disputes of determining the concept of trademark use in the internetage are:whether the trademark use should be limited to communicate on its ownsource of goods and service; And how to understand the problem of inner use oftrademark.The third part give out the opinion how to give a better difination of trademark use inonline advertising. Through estublishing the system of different of the onlineadvertising system, the thesis try to help in understanding the essence of the waywhich the internet advertisement service provider using the trademark and why thecourts give out the determination of trademark infringement.