On Fair Use System Of Trademark

Fair use system is an important part of copyright law and patent law, but the trademark fair use system aroused people’s concern in recent years. Over the years, a lot of people believe that the trademark is a kind of taboo, the use of another’s trademark will be of course considered as trademark infringement, but there is no absolutely unlimited rights, not except trademark rights. Trademark was originally to distinguish the source of goods or services as a logo, as a logo, it may appear in various fields of social life, rather than just appear only as a trademark in the field of trademark law, the trademark fair use system is to solve the Interest balance problem between the trademark rights people and the legitimate interests of others and social public interests.The fair uses system of trademark can be divided into two tapes, commercially fair use and non-commercial fair use of trademarks. The commercial fair use mainly contains descriptive fair use, nominative fair use. in the descriptive fair use system, what the third person use is just a mark or symbol which is the same or similar to the registered trademark, the user should be in good faith and not subject to damage the trademark people’s rights. The trade mark used by the third people is the the registered trademark of others, this kind of use should be required. If this kind of use is not allowed, the third person will be difficult to stated their commodities or services clearly, But this kind of use should not cause confusion to the registered trademarks of others, non-commercial trademark fair use mainly includes use in news reporting and commentary, parody, and the use of word dictionary, reference books, these use should not cause confusion or dilution to registered trademarks of others.As an important defense of trademark infringement dispute, Trademark fair use system has appeared in the legislation of many countries in the world, But this system in our country has not established in the "trademark law", and even can be said to be in a blank state, But in the judicial practice, it appears a lot, which can be as a big drawback on legislation in our country. By the means of contrast, induction, has carried on the analysis, the rational use of trademark in China and provides some advice on perfecting the trademark reasonable use system in this paper.