| Commercial sales of renovated goodsis a kind of new business model emerged in recent years in China. On the one hand it reflects the resource-saving and environment-friendly concept of socio-economic development, so get thegovernment’s support and encouragement, on the other hand It often leads totrademark infringement in the process of development. According to the present situation of the trademark law theoretical research and practical experience in our country, it will not be infringing trademark right still exists controversy inthe renovation of old goods process. The paper make a detailed analysis of theprinciple of exhaustion of trademark rights and theoretical likelihood of confusion in trademark infringement, at the same time learn from judicial practice in United States and Japan, attempts to summarize how to judge the trademark infringement in the renovation of old.This paper is divided into four parts:The first part is the definition of the renovation of old, contains three section.The first is the definition of the renovation of old; Secondly, analysis of the characteristics of the renovation and sales of old; Finally, analysis of the second-hand renovation and sales specific form in practice, and classify them according to different criteria.The second part is the theory of trademark infringement judgmentinsecond-hand renovation. Introduce the theory of likelihood of confusion and the significance of the trademark infringement identifiedThe third part, through related cases in United States and Japan, drawing your own inspiration: based on the theory of likelihood of confusion, combined with the extent of the renovation to make specifical determination.The fourth part gives specific ideas about trademark infringementjudgement in renovation of old. On one hand, based on the theory of likelihood of confusion, make specifical determination on trademark infringement judgement in some form of renovation, on the other hand it provide reasonable ideas on limitations in trademark infringement judgment. |
