| Trademark use is a open wire on the trademark law,Its always throughout the trademark law,Including trademarks obtained, the rational use of trademark and trademark rights of each link,Accordingly,Identifying problem research and standards on the use of trademarks is the unavoidable problem of the trademark law.On May 1, 2014 implementation of article 48 of the trademark law, defines the meaning of the trademark use,Adds a standard to identify sources of goods, New standard of trademark use identity problems of progressive significance. Trademark law 2014 is one of the highlight of strengthened the role of trademark use,Mainly used in trademark rights, prior defenses, claims for compensation for infringement, etc.,These systems are advocated and strengthen brand value lies in the actual use of the concept and spirit.However,Only emphasize trademark use idea and spirit is not enough,To do more is the trademark of the actual use of that problem,If the trademark use identity problems ambiguous,So the trademark law, advocated the trademark of the actual use of idea and spirit.The author from the view of the problems identified on the use of trademarks,Research and analysis about the provisions of the trademark use, For example, The definition of trademark use, The trademark trademark rights in the context of use, the context of unavailability of trademark use, etc. In the process of this study, The author found that: The context of different trademark use,Identifying need to adopt different standards on the use of trademarks, Are not unified standards on the use of trademarks. As a result, To be accurate and clear study standards on the use of trademarks, The author thinks that, Best research specific context of use of a trademark use identity problems, In this way can we more practical research value, Can clarify the trademark use of standard question. So, The author selected the trademark to the context of unavailability, Study the issue of standards on the use of trademarks. Selection for trademark unavailability context first reason, The article has introduced, In this not do.The article mainly introduces the legislative status quo of unavailability system first, First unavailability of legislative purpose, The nature,How to apply and unavailability first system. About the nature of the trademark to unavailability of discussion, The author tends to trademark advance unavailability belongs to a kind of fact, Against a trademark registrant of a kind of right of claim. And this one has the right of defense properties is the basis of an objective fact trademark prior to use. Used for this objective fact that the research is the core of this paper. Review the related provisions of trademark law about prior trademark use, The author found that whether the provisions of the trademark use definition, Or unavailability of connotation, Are not complete and accurate and explicitly recognized standards on the use of trademarks, This kind of situation will directly affect the trademark first unavailability of identified on the use of trademarks and problem, The author puts forward the solution is to Clear criteria for recognition of the unavailability of earlier system of the use of trademarks,Including the general standards and specific standards.The article mainly introduces the general standards and its applied problems are, Mainly includes the identification of goods source standards and their application, Commercial influence standards and applicable and Standards of their application and commercial influence. About identifying standard goods source, No matter in what context, For issues identified on the use of trademarks, Trademark trademark law is generally required to use play a role of identifying the source of goods, For example, Brazil’s "trademark law" the one hundred and twenty-third regulation: "Referred to in this commodity or service marks, Refers to a commodity or service is different from other sign of identical or similar goods or services. " Germany "trademarks and other marks protection law(the trademark law)" stipulated in article 3: "Any goods or services to one enterprise with other enterprises of commodities or services distinguish identity, Can be used as a trademark to be protected, Especially the text(including name), Pattern, Letters, Digital, sound marks, 3 D graphics(including the shape of the goods or their packaging) And other packaging(including color or color combination). " To advocate using "brand influence standard" instead of "business standard", Is the most representative scholar professor Zhangdefeng, The commercial influence standard is able to nonprofit organizations use a registered trademark that exist in the real behavior to provide legal basis, And not use transfer or license and registration for its behavior to provide arguments.The article mainly introduces specific criteria, For example, good continuity, behavior standard. These standards didn’t show up in the current legislation, But the author through research and the practice of learning outside the threshold of trademark law, The trademark special standards prior to use. This part mainly around the goodwill continuity and its applicable standard and its application problems and behavior, Article discusses these standard considerations specific factors, Combined with the case to discuss the problem.Article attempts through to the context of unavailability first that research on the use of trademarks, To understand learning trademarks prior to use of standard, And hopes to provide legal support to protect the legal interests of the first user, Also hope to help lawmakers to improve the system of first unavailability. Thesis mainly adopts Investigation method, observation method, literature research, descriptive research and other methods, The author thinks that, The innovation of the thesis describes results in, The context of different trademark use cognizance standard is different, And put forward a prior trademark use identifying the two special standard, Good continuity and behavior standard. |
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