Study On Trademark Use

Trademark use is an important system in the trademark law andcountries define the Use differently. As the paper focus on the differentdeterminations and roles of trademark use in the procedures of Trademarkmaintenance,trademark infringement and trademark compensation,theauthor defines the “trademark use” here just the process of separatingthe origin of goods or severices in business.The life of the trademark lies in the use and such use is actuallythroughout the entire process of a trademark from its creation to demise.Even so, in the trademark rights program, trademarks maintenanceprocedures, and trademark infringement and compensationprocedures,trademark use is described differently and also playsdifferent roles.Because of it, the trademark law system goes effectively,and that also ensures the balance between the interests of trademarkrights and the interests of society as a whole.Because our country has been adherence to the trademark registrationprinciple, we have not paid enough attention to the trademark use.As aresult, there are many problems in china which can not be solved in currentlegislation situation. Those problems includes “trademark preemptiveregistration”, unregistered trademark cannot get effective protection, in the trademark infringement procedure, trademark use is not considered asimportant factors,and so on. But the author finds that these problemsin those countries and areas where the trademark use system is perfectare not so prominent. So this paper intends to study trademark use, andgives the focus on its different determination and different roles in theprocedures for trademark rights, maintenance program, trademarkinfringement and compensation procedure. By doing this study, the papertries to find some methods to solve the problems we are facing.This article is mainly divided into three parts. The first part ismainly to do some simple comb and comments on the present theory oftrademark use. The second part is to study the different judgmentrequirements and different roles of trademark use in different stagesof the trademark rights to maintain, tort and compensation. The third partis about the problems which China’s trademark protection is facing, andalso,the author gives a few methods to solve them.