Legal Analysis On The Proper Use Of Registered Trademark

In trademark infringement cases,The alleged infringer often invokes article 59 of the Trademark Law of the People’s Republic of China and proposes the defense of proper use.The theory circle of our country on the proper use of trademarks connotation,type,composition and other aspects of the views held by different.In judicial practice,there are also differences in the interpretation,examination,and adjudication by the courts of the defense of proper use.Whether it is the theoretical development or the judicial practice operation,we need to conduct a study on the proper use of trademarks of our trademark law.The proper use of trademark in the sense of the trademark law in China is actually different from the so-called fair use of the trademark.The proper use of article 59 of the Trademark Law of China is in fact related to articles 11 and 12 of the Law.Under the current legal system,the judicial application of the proper use of the trademark in our country shall comply with the legal provisions.This article aims to draw a judgment on the proper use of trademark in China base on the proper interpretation of the basic concept of the proper use of the trademark,and combining with the case law of the relevant cases in China,with a view to China’s judicial practice to help.