On Trademark Use And The Structure Of The Trademark Law

Since the Trademark Law put into force the court and trademark service don’tunderstand it correctly, especially trademark use, resulting in some judgement thatbreach the principle of the Trademark Law. Understanding the Trademark Lawcorrectly, marking the Trademark Law play its role in the market competition properly,must make meaning of the trademark use clearing and make sure the trademark usefundamental status in the Trademark Law.Trademark use refers to employ symbols which play the role of the distinctionbetween the commodities sources in commercial activities. The use of trademarksmust meet the following conditions: Firstly, the subjects must be the commercialcontractor, namely the merchants; secondly, the object must be a trademark; thirdly,the use of trademarks must be used in commercial activities; finally, the trademarksmust be used upon commodities or services with largely continuous use.An Trademark consists of the trademark symbol, product information andgoodwill composition. There is no direct connection among the trademark symbolwith specific product information and goodwill originally. It is the producerscontinuously making use of trademark signs upon the sense of Trademarks Law thatmakes them connect, forming the trademark meaning. After a trademark take shape,its meaning would change and the using of trademarks plays a vital role in the changeof trademarks meaning.Trademark use is the base and the important contents of the trademark rights. It’sthe trademark use that the only way to obtain trademark rights while trademarkregistration just affirms trademark rights. After obtain trademark rights, obligee mustuse the trademark to keep his rights. Trademark rights base on use and its contentslimited to control the use of the trademark.The protection and the extent of the protection of trademark right lie on whetherthe obligee use the trademark and the extent of the use. If obligee don’t use thetrademark, the he can’t obtain trademark rights, and the others donot infringe thetrademark rights when he use the trademark. The trademark is used more often byobligee, its distinctiveness is stronger, and the possibility of infringing the trademarkrights is bigger while the others use obligee’s trademark.What Trademark Law protects is the relationship between trademark and itsrelated product information and commercial reputation of enterprises. Infringement of trademark means that breaking up the relationship between trademark and its relatedproduct information and commercial reputation of enterprises. However, the using oftrademark is the only way to break up this relationship. From another point, in thetrademark law of countries, they all say that the using of trademark is the premise ofinfringement of trademark. On this premise, intelligent using trademark doesn’t meanwhat in the trademark law means and isn’t illegal. As the same, the using of trademarkin Overseas Fixed Mark Processing doesn’t use trademark at home, therefore, it isn’tconsidered an infringement of trademark.Trademark use is the base concept of the Trademark Law. By insuring it, canhelp revert the face and the position of Trademark Law.