| The trademark rights is the core rights of the protection of the Trademark Act the trademark is not only the identity of the goods, but also is the symbol of corporate good reputation and intangible asset with great economic value. Improper use of Trademark would infringe the interests of the holder of the trademark,at the same time will impact on market competition order.The cases illustrate the enterprise name infringing registered trademark should adopt special constitutive requirements like "make consumer confusion or mistake" and "outstanding use".The key factors for identifying unfair competition should be whether the doer "clings to the goodwill of others intentionally.The judgment of the case also shows that the deficiency exist in the current law of our country.Such as "subjective "negligence" whether can make unfair competition",and how to deal with the ownership of trademark value-added rights when the holder of the trademark separates with the trademark user.In order to ensure that such cases have legal basis and get a fair judgment, it is essential to improve the related theoretical basis and legal norm.The subjective state of mind for unfair competition is often deliberately,but under special circumstances may also be negligence.Depending on the infringer subjective fault, endowing General fault of the infringer trademark value-added rights has the legitimacy and rationality. |
