The Renovation Of Secondhand Goods" Business Standard Right Exhaustion Principle Research

With the development of our market economy, vintage commercial recycling salesindustry in China is also growing, at the same time, the problem caused by thetrademark rights disputes arise. As of2007Nokia Co. v. Shenzhen fuxingsheng tradelimited company of infringing the exclusive right of trademark cases as well as the2013Shenzhen KaiHong Mobile Communication Co. v. Zheng Jun Lou Changhong theexclusive right to use a trademark infringement dispute case. The renovation of old salesgradually by society and legal circles, for our country judicial practice and theoreticalresearch in the trademark law, this phenomenon is still relatively rare, so for therenovation of old sales behavior has the trademark infringement property whether or notthis debate judgment is basically in the preliminary exploration level.This article is the exclusive right to use the trademarks at present our countrytrademark owned in the renovation of old is trademark sale exhaustion problem, throughthe research and analysis of trademark right exhaustion principle applicable in "junk"marketing case can also provide theoretical assistance for confirmation of "vintagerefurbished sales" whether can be used as a trademark infringement. Because if we canexplore the exclusive right to use a trademark in the renovation of old is not exhaustedor under some particular circumstances do not do it, then the renovation of old it may bethe exclusive right to use a trademark infringement trademark rights people all.This paper tries to make analysis from four aspects:The first part, by introducing the concept of trademark right exhaustion principleand exceptions, exhaustion principle does not apply to the renovation of secondhandgoods situation and lay the theoretical foundation for the following analysis oftrademark right.The second part, the exceptions of trademark right exhaustion principle ofreference, specific analysis of the "junk" marketing behavior may lead consumers toproduce trademark infringement nature of confusion and may infringe upon the interestsof trademark rights to the product, and the trademark right exhaustion in this case is notapplicable conclusions.The third part, from the perspective of interest balance analysis for trademark rightexhaustion principle and exceptions are may lead to imbalance of interest, the trademarkright exhaustion principle and exceptions in the renovation of old in the application will not lead to the imbalance of interests, but also to strengthen the protection of theinterests and maintain balance.The fourth part, through the analysis of application for trademark right exhaustionprinciple above and exceptions, considering the present situation of China’s trademarklaw, try to put forward some of the renovation of secondhand goods in the right advice.