On Unfair Competition In The Use Of Trademark

Trademark plays an important role in the market competition because it has the function of distinguishing the source of goods or services.Play the role of a good trademark,will enable enterprises to seize the initiative in the fierce market competition.On the contrary,if the importance of the trademark is ignored,the management of the enterprise may be in trouble.For this reason,how to use the trademark in order to maximize the role of trademarks is a compulsory course for each enterprise.However,in practice,some enterprises often use the trademark improperly to win the competitive advantage,which brings great harm to the interests of the trademark owner and the consumer,as well as the order of the market competition.With the development of the socialist market economy,the unfair competition acts in the use of trademarks.Among them,some of the acts constitute trademark infringement by trademark law regulation,some acts constitute unfair competition behavior of trademarks and the anti unfair competition law to adjust.However,there is also a place where there is a coincidence,that is,some of the unfair competition in the use of trademark law and trademark law can also be regulated by the anti unfair competition law.The trademark law and the anti unfair competition law have different emphases on the legislative purpose,and the effect of their regulation is also different.Therefore,when the two actually timely should carry out acts of unfair competition in use of trademark regulation is a problem worth researching the law.In this paper,several typical trademark use in unfair competition behavior as the research object,by the trademark law and anti unfair competition law as the theoretical basis,analysis method analysis with case analysis and comparative analysis,attempts to use trademark of unfair competition acts of trademark counterfeiting,trademark dilution,unfair competition behavior,domain name in comparative advertising and other acts of unfair competition,reference to the relevant legislation and practice experience at home and abroad,China's current to the use of the trademark in the unfair competition behavior legal regulation status,find the defects and shortcomings,and finally puts forward some perfecting the legal regulation of the unfair competition in our country in the use of the trademark advice.