Research On Trademark Infringement Of Renovated And Resold Goods

Because of the large population of china,The ownership of source for everyone is limited. Our government advocate to build a resource-saving society.Renovation that will be discuss in this thesis can significantly save social resources,and also meet the different levels of consumers’ demand. However,there are no detailed legal provisions on the legal issues involved in renovation, which will impacted the development of the industry. from the perspective of trademark,this article aims to analyze the trademark infringement of each kind of renovation,and put forward guidelines to solve this legal issues.The thesis is divided into five chapters:The chapter one raises questions that to be discussed later.first, she conclude four characteristics of renovation, secondly, the renovation behavior are classified into several kinds.On such basis, the paper gives instances to the problems involved in trademark infringement occurring in renovation.In chapter two to chapter four,she try to analyze these problems in terms of Quality assurance function of trademark, the likelihood of confusion and exhaustion of trademark theory. the she give her answers on such questions if the kind of renovation will injure the trademark function, will generate confusion likelihood and how that happens,or could utilize the theory of exhaustion of trademark.In chapter two,the thesis focus on the type of consistent renovation.She reclassify this kind of renovation according to the usage of original trademark.In chapter three,she analyze the renovation that change the outer packing,and she tell the difference between selling as second-hand produce and new produce.In chapter four,she give analysis on the renovation which is constituted.The chapter five initializes by summarizing the analysis of each kind of renovation. Based on the analysis, it conclude the common factors in dealing with infringement issue occurring in renovation behavior. The factors can be considered in trademark infringement to judge the behavior of renovation.