Packaging Sales Behavior Of Trademark Infringement Issues

In the relevant commodity wholesale,retail,consumer goods from the manufacturer to finally reach the whole economy chain,often involving goods packaging,re packaging,dealers will often bulk goods or large size packaging of goods,packaging of different specifications,to achieve the convenience of sales.Due to the commodity packaging process that will involve packaging quality,specifications,change in appearance,but also involves the trademark of different use,and may even affect the shape of the commodity itself.In the practice of business,producing and selling of dealers or other motives based on the re packaging of goods after the sale is becoming more and more widely,the Well,this kind of behavior whether legal? Related problems caused by the behavior in academic circles and practice the fierce controversy.Put,for nature in the process of re packaging after the resale of trademark at home and abroad,also appeared many cases,the verdict is nothing more than two: structure and does not constitute trademark infringement trademark infringement.Based on the domestic and foreign cases,from the exhaustion of trademark right in two aspects of functional analysis,demonstration and the principle of trademark packaging quality assurance,re packaging behavior are applicable trademark right exhaustion principle;packaging sales behavior is broken the trademark quality safeguard function;whether to mark the function of quality guarantee as damage Trademark infringement judgment standard and the legitimate packaging sales should have what kinds of conditions.In order to practice help.The text is divided into four parts.The first part: firstly,this paper introduces the basic facts of the case and use case.Secondly,the decision of the court and the judgment of this case of other ideas.Analysis of the main focus of the dispute again,namely "love" in the case of a company without money,love will love candy without packaging company license with three packagingspecifications bu'erjia company the trademark of the sales and whether the conduct constitutes trademark infringement.Finally draws the basic problem research papers should be.The second part introduces packaging sales and trademark quality assurance function.This paper first analyzes the basic meaning of packaging sales,according to the basic meaning of the distribution of specific elements of packaging salespackaging sales.Followed by the analysis of basic meaning of quality assurance function of trademark,trademark of quality assurance to the quality assurance function of trademark independence and impaired decision rules.Finally on the basis of the trademark quality assurance function damage rule demonstration case packaging,re packaging sales violated the trademark quality safeguard function.The third part: introduce the basic theory of packaging sales and exhaustion of trademark right.Firstly,analysis the elements and the basic meaning of the principle of exhaustion of trademark right exhaustion principle.Then further analysis of the "love" case packaging,re packaging sales behavior because of damage to the trademark quality guarantee function and does not conform to the rules of trademark right exhaustion theory.The fourth part introduces the legal packaging sales conditions.For example,in the packaging,re packaging should meet the following conditions: repacker of the duty of disclosure;re packing or filling the name;repacker and original manufacturers are completely independent,unrelated to the original manufacturers did not affect the original condition of goods;re packaging;inferior,without the use of re packaging is not clean,or defective packaging.