The Identification On The Use Of Trademarks In The Sense Of Trademark Law

In practice, the focus for trademark infringement is usually concentrated on the confusion, but the use of trademark in law is rarely discussed. In fact, the identification of trademark usage is not only a prerequisite to judge whether it constitutes confusion but also an important prerequisite to judge whether it causes infringement. China’s current legislation regarding this issue is confined to the use of trademarks in the limited list. This method has caused some difficulties in judicial practice. This paper attempts to generate the use of trademark by certain type.To conduct their own analysis of the disputed case. Provide a summary and reference to judicial judgment.This paper is divided into four chapters:The first chapter is to introduce the present theory circle and the judicial circle for the study of the use of trademarks. Moreover, the concept, mode and dispute of trademark usage are discussed. Then, author shows that the objectives, methods and innovations of the research in this article.The second chapter is to start with overview of trademark use. Discuss the meaning and types of use of the trademark. At last, to discuss the determination of trademark plays an important role in determination of infringement.The third chapter is to analyze the use of a trademark and propose the broad elements in infringement of trademarks.The fourth chapter is to analyze whether these types can be defined as the use of trademarks in order to offer evidence to define whether there is trademark Infringement. Through case studies by different types, to find out the Similarities and differences in these types in order to put forward the author’s own views and analysis of the judge’s decision as well as to confirm elements in the third part.