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On The Identification Of Trademark Usage

Posted on:2015-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y P YinFull Text:PDF
Abstract/Summary:PDF Full Text Request
The trademark is a kind of symbol. However, not all symbols can become a trademark. Onlywhen a symbol is linked to goods and services can it be known as a trademark. This relationshipproduced in the course of trademark usage. A symbol can be called the trademark only when it isused. When a trademark is actually used in business, the various functions can be reflected. As akind of public resources, the trademark is necessary to maintain only when it is used. Otherwise, itwill cause the waste of public resources. That a mark becomes a trademark is due to the usage,without which, its existence is without meaning. As the monopoly of public resources, thetrademark owner can enjoy the exclusive right only through the trademark usage. In all areas oftrademark, the importance of trademarks usage is self-evident. However, in our trademark law,there is no explicit legal provision about the identification of the trademark usage, which is onlydescribed indirectly in some clauses. The deficiency of regulation leads to the appearance of theambiguity and invalidity, when some problems are judged in justice practice.This paper is divided into four parts. The main content is the study on the identification of thetrademark usage.The first part is the overview of the trademark usage. First of all, the nature of the trademark isanalyzed through the comparison of the three theories existing in the academic research. Onlywhen the nature of the trademark is clear can the better understanding of trademark usage be made.Secondly, it analyzes the source of trademark usage, and why it is so important. According toLocke’s labor theory of property, the trademark usage has its legal foundation from the perspectivesof the unity between right and obligation. Thirdly, the significance of the trademark usage iselaborated through the analysis of the problems occurred in justice practice at present.The second part is the investigation of the extraterritorial law about the identification oftrademark usage. Our legal system of trademark is established late and it has faultiness. So therelevant system in developed countries can be referred. The legislation overview and the standardof the identification of trademark usage, in European Union and other developed countries such asBritish and American, are analyzed. The difference and the lessons on the identification of trademark usage are summarized. After that, the feasibility of the introduction of the systems inforeign countries is discussed, based on Chinese situation.The third part is about the deficiency in the identification rules of trademark usage and thereflection on the problems existing in practice. First, through the analysis about the rules oftrademark usage in our trademark law, its deficiencies are pointed out. Secondly, the field, wheremost problems exist at present, is gave thought and analysis from the perspective of trademarkusage. And combined with the second part of the paper, the ways of solving the problems aresought.The fourth part is about the system design on trademark usage. First, according to thetrademark nature and the theoretical basis of trademark usage, I try to get the principles to befollowed during the identification of trademark usage. Secondly, through the analysis on thetrademark issues in current judicial practice, based on the reference of the trademark law in thedeveloped countries, the identification rules of trademark usage would be summarized.
Keywords/Search Tags:Trademark, Use of Trademark, Rules, Principles, Identifying the useof trademark
PDF Full Text Request
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