Fair Use Of Trademark Names

Balance of interest is the whole intellectual property system to start the main line, and the public interest in the balance of rights between the two poles play a pivot role in the system of rights restrictions, intellectual property rights of fair use is a restricted system. China’s current Trademark Law does not trademark "fair use" provisions of such limitation of rights, but the fair use cases are emerging in practice, especially the rational use of trademark names. The reason is mainly lack of domestic legislation, the lack of related systems, insufficient attention to academics, to discuss much.In summary, the rational use of trademark names on a system to study the more important theoretical and practical significance.This paper is divided into four parts. The first part of the mark in the analysis of the meaning of names and characteristics, based on the then fair use of trademark names meaning analysis, outlining a more scientific and rational concept of rational use of trademark names. According to whether the use of trademark names are divided into non-commercial business on the rational use and commercially reasonable use. And describes non-commercial fair use of the main types:news or news commentary, funny performances, the compilation of a dictionary or a dictionary; also introduced commercially reasonable use of the main types:descriptive fair use, fair use was mentioned. Study abroad in view of this issue more in-depth to discuss the broader, cited TRTPS Agreement and the provisions of various countries concerning the rational use and hope to build on our related systems will be helpful.The second part discusses the need for rational use of trademark names. From the Trademark Law of the legislative purpose to protect public resources point of trademark fair use argument names, and there is the need to build. The third part of the fair use of trademark names of the criterion, this problem is the judicial practice of the difficult problems. In practice, the same case, different levels of the court’s decision, to a large extent on the understanding of different criteria. In the current study, based on the theoretical circles and from abroad on the basis of relevant experience, first proposed trademark names of the principle of fair use criteria, and then in practice to determine whether a particular act should be considered for the rational use of behavioral elements. Chapter IV is divided into two sections. Section I discusses the rational use of trademark names of system deficiencies. This section analyzes the rational use of our trademark the names of the current system of legislation, that China’s Trademark Law Trademark names on the rational use of gaps. Section II should be considered as the title of the eye, that is to build our names trademark fair use content from the model legislation and legislation to build both.