Investigation On Fair Use Of Trademark

A trademark is a visible sign used to indicate the various attributes of goods. Trademark itself is property, which has an independent value. In today’s increasingly developed market economy, the goods occupy an increasingly important role in people’s daily lives. Trademarks-known as sexy in its identification of goods is increasingly becoming the focus of the dispute with the theme of people’s rights and obligations. Practice changes to reflect its desire for theoretical progress. The economic significance of trademarks has decided to trademark rights on the trademark held by the cautious attitude of treasure. The trademarks, especially the formation of well-known trademark is often the result of trade mark rights and time-consuming and painstaking efforts, energy. Law in order to protect the trademark owner of such interest, then the provisions of trade mark rights protection system-from the "Civil Law","Criminal Law","Anti-Unfair Competition Law" and then "Trademark Law" stipulates on trademark the exclusive right to the content. Trademark rights are unprecedented legal protection. However, from the nature of intellectual property rights, it is the legal authority to protect the trademark owner’s monopoly on knowledge and skills can not help with the public demand for this knowledge and skills and fierce collision and contradiction. The law is the regulator of social disputes and atmosphere. Thus, intellectual property law the right to limit the variety of theories-including the rational use of the patent, and the rational use of the trademark. These "rights restrictions" is precisely the intellectual property law would have the right to be protected, a subtle limitation of rights "theory is really the Seven Wonders of the performance:First, given the trademark rights of certain trademarks possession, use, disposable right to can protect the rights of people to pay in the trademark business and can mobilize the enthusiasm to continue to invest in its intellectual property rights; Second, certain restrictions to achieve the perfect fusion of "decentralization" and "take-over" from the scope of trademark use and a variety of licensing system for such abuse of trademark rights with unlimited expansion possibilities "the implementation of effective shunt and control.Chinese trademark rational use of the system of research and development than later, and no provisions of fair use of trademark in the Trademark Law revised in2001, and later China’s "Trademark Law Implementing Regulations only make proper use of descriptive trademarks requirements. Provisions of the current legislation of the system can be said to be blank, but in theory there is no formation of a mature system. Intellectual property academic fair use of copyright and patent research has reached a pinnacle, and are embodied in the legislation. Except the rational use of the trademark has not enough attention, so this paper is to select the system of trademark fair use as a research topic, the domestic and international cases, the theory with practice, analysis and reflection, to present some ideas. Such arguments, the idea is actually very simple-nothing more in-depth discussion of trademark rational use of system theory and system of trademark fair use "law" contribution toward our laws, and thus enables a leisurely to deal with increasingly complex growth of trademark infringement and trademark fair use disputes, the case.In this paper, the structure is divided into four parts. The first part, I described a series of basic theory about trademark fair use system can be considered an overview of the system of trademark fair use. Explore the definition of trademark fair use, the author first discusses the definition of a trademark, then, the author through a comprehensive comparison of the academic system on the rational use of trademarks definitions, learn the impact of which, also criticized the lack of which. On the basis of this summary analysis of language, the connotation of trademark fair use system advocated by the author in this article. Of which, the author also trademarks reasonable relationship with the Fair Use of Copyright, trademark fair use, trademarks relationship of prior use are described in detail the aims from the appearance of a clear image on the reasonable use of trademark. In the second part, the author discusses several types of trademark fair use. Reasonable use of narrative, the reasonable use of the indicative, parody, trademark dilution and basic theory are discussed in detail in the text and expression, which also lack the overview of the status quo of foreign legislation. Intellectual property rights originated in Europe and the United States, the system more developed than China and the avant-garde. Similarly, the system of trademark fair use in the United States studied more thorough Therefore, this section will be the United States in the development of new trends in trademark fair use paradigm for the study; the same time, the rational use of copyright to the development of a more perfect system study revelation trademark fair use. On this basis, to learn from experience at home and abroad, try to comb trademark fair use the outline of the system and framework. The third part, the author discusses the status of China’s trademark fair use of the system. The premise of reconstruction of a thing is this things form a holistic look at in order to discover the lack of research potential. Part IV, is also the focus of this article chapter. In this, the author, based on previously accumulated and summarized the basic outline of China’s trademark system of rational use of a certain degree of planning and vision.