Study Of The Law About Trademark Concerning Compatible And Renewable Printing-supplies

Business of printing-supplies is an emerging industry. With the rapid popularity and development of computer, printer, IT industry, digital industry and imaging industry, demand for printing supplies is growing. In recent years, the administrative law-enforcement organs of intellectual property protection such as customs and industrial and commercial bureau have successively uncovered and disposed of a large umber of trademark infringement cases concerning compatible and renewable printing-supplies. With comprehensive analysis of the above cases, most of the torts are mainly characterized by no-standard usage of original manufacturer’s trademarks, in additional to the cases of counterfeits and similar trademarks of "free-ride" infringement. How to define infringement when using original manufacturer’s trademark and how to guard against infringement risk by compatible and renewable supplies enterprises are the common concerned topic by administrative law-enforcement organs and enterprises. Combined the experience in law enforcement of intellectual property protection with characteristics of no-standard usage of original manufacturer’s trademarks, this paper specifically analyses the law about trademark concerning renewable and compatible printing-supplies from the view of trademark confusion theory, trademark fair use system and trademark exhaustion theory after collecting and analyzing a large number of cases and date.On the basis of theory analysis and system comparison, the paper puts forward the principles of law enforcement that law-enforcement organs shall adhere to in tackling infringement cases of compatible and renewable supplies, including principle of balancing interests, reinforcing law enforcement cooperation and public power’s involving actively. The paper also makes every effort to clear practice criteria of using original manufacturer’s trademarks by compatible and renewable printing-supplies in the process of law enforcement. Legislative suggestions of improving trademark fair use system and trademark exhaustion system in China are proposed in order that these enterprises can properly utilize original manufacturer’s trademarks under the correct guidance of the trademark law system, contributing to the scientific progress of Chinese printing-supplies industry.