The Research For The Affirm Of Stereoscopic Trademark Infringement Behavior

Nowadays,with the rapid development of market economy, knowledge products have become the main component part of the market economy. Therefore, to some extent, the competition of market in modern society can be said to be a competition of intellectual property. If a company have the relevant intellectual property in a area, it will dominant market competition in the relevant field. With the kind of goods on the market increasing, traditional trademark can not meet the needs of the market economy, so some more significant trademarks are needed to achieve the function of the trademark. Thus, to meet the needs of the rapid development of commodity economy, three-dimensional mark step into people’s horizons. The emergence of stereoscopic trademark, can be said the results of rapid development in the legal system of trademark. At the same time, lots of stereoscopic trademark infringement appeared.As stereoscopic trademark is different from traditional trademark, the form and the affirm ofstereoscopic infringement are various and complex. Therefore, in order to achieve the fullprotection of stereoscopic, it is necessary to research the affirm of stereoscopic infringement.At first, with defining the concept, characteristics, classification of stereoscopic infringement, and the similarity among stereoscopic infringement, appearance design, practical works of art, this paper aims to analyze the reasons of stereoscopic infringement. In all the reasons, the external one is the huge goodwill of stereoscopic; the internal reasons includes two aspects, one is the similarity between stereoscopic and other commercial shapes, the other is the object of intellectual property rights; the lack of stereoscopic trademark infringement behavior in trademark law system in China is the system reason. Secondly, classifying stereoscopic trademark infringement behavior into four parts. The first part is the infringement between trademark; the second part is the infringement between stereoscopic trademark and other commercial shapes; the third part is the stereoscopic trademarks dispose of infringement behavior; the fourth is auxiliary stereoscopic trademarks infringements. Thirdly, through analyzing the current trademark law about the provisions of the trademark infringement behavior in China, we can find that both in theoretical level and trademark legal system, there are many shortcomings in the research of affirm of stereoscopic trademark infringement behavior in our country. Besides, through analyzing the foreign practice of affirm of stereoscopic trademark infringement behavior to seek a little inspiration. Finally, for the affirm of stereoscopic trademark infringement behavior, put forward some suggestions: the first one is use the “goodwill infringement” as the fundamental theory of three-dimensional trademark infringement cognizance; the second one is to add stereoscopictrademark infringement behavior in the trademark law system; the third one is add the definition of the range of “trademark use”.