Trademark Use Judgment

Trademark use is actually used in the sense of trademark,Is the operator to create,maintain,expand the green channel of intangible assets——Goodwill,Is necessary to maintain the exclusive right to trademark.Trademark use is usually an important criterion for measuring the infringement of a trademark as a functional use of goods or service sources.It is inherent in the concept of trademark and is a prerequisite for the establishment of trademark infringement.The prerequisite for the identification of trademark use as a trademark infringement is of great value to the practice,not only to maintain the balance between the interests of the trademark owner and the public,to prevent the excessive expansion of trademark rights,and gradually become a variety of business logo conflict The basis of the solution.Although the use of trademark infringement is of great significance to the infringement of trademark infringement,the trademark use system does not specify the legal and judicial interpretation in our country,and there are not many researches on the use of trademark at home and abroad.Research is rare.Trademark legislation can not give a definite guide,and the judge because of social differences and knowledge structure makes the same behavior to make different judgments,which makes the use of trademark in the judicial activities of the judgments is difficult to practice.Trademark law reveals the nature of the trademark "source of identification",but the criteria for the identification of trademark use need to be further clarified.Based on the relevant provisions of trademark protection in trademark law,this paper discusses the definition of trademark use,the definition of trademark and the use of trademark use in combination with Kung Fu Panda case.Shaanxi Maoshi Entertainment Co.,Ltd.and DreamWorks Animation Film Company,China Film Group Corporation,Beijing Huaying Tianying Cinema Management Co.,Ltd.,Paramount Pictures of the trademark infringement dispute case(hereinafter referred to as "Kung Fu Panda case"),First,the second instance and the Court of First Instance held that the act is not the use of the trademark,does not meet the requirements of the establishment of trademark infringement.This article is based on this case as the starting point,discusses the trademark use system in detail,through the investigation of judicial practice,the "trademark use" of the legal concepts,legal status,the criteria for the study,aimed at the use of trademark concept And determine the standard to be clear,improve the trademark use system,with a view to the practice of trademark trials,for specific cases can be applied accurately.The full text is divided into five parts: the first part of the case from the "Kung Fu Panda case" case,led to the definition of trademark use,the details of the "Kung Fu Xiong case" case,the court's decision and the focus of both disputes.The second part first discusses the definition of trademark use at home and abroad,puts forward the view of this article,and then combines the "Kung Fu Xiong case" to clarify the trademark use is a prerequisite for trademark infringement.The third part introduces the exclusion of trademark use,and elaborates on the concept and constituent elements of proper use.The fourth part discusses the factors that affect the use of trademark judgments,should take into account the originality of the trademark used and visibility,the use of trademark methods and subjective good and evil,on the basis of analysis of whether a behavior constitutes a trademark use.In the fifth part,through the above research,elaborated the trademark use legislation and the insufficiency in the judicial,the use of the trademark system to make recommendations.