Defintion Of The Use Of Trademark

The use of trademark significantly influences the acquisition, scope of protection, maintenance and revocation of trademark rights in regard to trademark laws. Firstly, trademark rights essentially originate from its us age. Registration of acquiring trademark rights is just to alleviate the com plicated legal relationship while enhance the efficiency. Secondly, the ran ge of territory, time difference and propaganda dynamics of trademark us age have impacted the scope of protection. Thirdly, the use of trademarks is an important consideration to judge trademark infringement, the premis e of confusion infringement is the infringing party having used the tradem ark being infringed. Fourthly, the usage of trademarks can deicide the fate of trademark rights, whether surviving or being revoked.Although the trademark usage has brought great significance for trademark laws, the research on the use of trademarks is not so much whether inside our country or abroad. Studies on the definition of trademark usage are even fewer. Whether for "Trademark Law" in China or in the more advanced British and American, or international intellectual property law, the definition of standards on the use of a trademark are not perfect, resulting in the implementation of the "Trademark Law", especially in our country judicial and administrative enforcement practice, the definition of trademark usage is often a lack of uniform standards. Judges, law enforcement officers either avoid the definition of trademark usage, or come into conflicting judgments and identification.This paper can be divided into five parts. In the first part, we started from two cases of trademark infringement, which leads to our research topics of trademark usage definition, and then further analyzes classification of trademark usage with its legal significance as well as the necessity of trademark usage definition. The second part analyzes the trademark usage definitions of the existing trademark laws with its defects, which come from Mainland China, the United States, Taiwan, China, Britain and Germany and other countries. Besides, we also analyzed the defects and shortcomings in the definition of the standard use of trademarks of the region’s "Trademark Law" and TRIPS. On the basis of previous analysis, we proposed a standard definition that can be applied to all cases of trademark use, which is a general criteria with a universal significance but need to specialized in details in some certain cases. In the fourth part, we use the defined standards of trademark usage proposed by ourselves for the analysis of some specific application and practice, including the behavior of the special requirements for personal use constitutes during the use of the trademark, definition of trademark usage behavior when obtaining trademark rights, definition of trademark usage in the case of trademark infringement, the relationship between the use of trademarks and trademark infringement, the "no usage" definition for trademarks which haven’t been used for three years continuously, definition of well-known trademarks usage; characteristics of the use of trademarks in network environments with its definition; the discussion of trademark usage in foreign OEM. In the final part, we make some suggestions for the "Trademark Law" revision in China. We believe the legal provision of the defined standards of trademark usage should be presented with legislation outlines as well as enumerated cases,rwhich regards the general standards included as the outlined regulations in provisions, and regulate the defined standards in a abstract aspects. Meanwhile we analyzed the common behavior of the trademark usage in order to improve the efficiency of judgment.