Research On The Rules Of Trademark Fair Use

The trademark fair use is an important part of restricting the exclusive rights of a trademark.This fair use rule is to allow others to use similar or identical logos under certain conditions.That is,under these special circumstances,the use behavior of the user will not be determined as violateing trademark rights.The trademark fair use is to prevent the expansion of trademark exclusive rights,because excessive expansion may prevent others from using social public resources.In order to find a balance between the benefits of the public and the benefits of the trademark owners,the trademark law begins formulate the provision about classic fair use,and then gradually develops other types of fair use in judicial practice and theory,such as nominative fair use and dictionary compilation.And some countries start to formulate legal regulations about these subsequent types.The fair use rules of trademarks have been constantly improved and amended in practice.This paper has studied a large number of domestic and foreign cases,and has carried on the theoretical discussion.Through this kind of research,it points out the problems existing in practical and theoretical aspects of domestic trademark fair use rules,and puts forward some legislative proposals.This article starts with the basic concepts and the relevant status quo of the trademark fair use,and then compares the rational use of copyright with the trademark fair use;the author believes that the trademark fair use includes these types: nominative fair use,news reporting,parody,classic fair use and dictionary compilation,and analyze these different types and focus on the classic fair use and nominative fair use by typical cases and summarizing the constitutional elements;and there is a great deal of controversy about the relationship between the trademark fair use and the possibility of "confusion" in practice and in theories.In this important issue,the author believes that neither "inconsideration" nor "confusion" should be used as one of the constituent elements,either in the classic fair use or the nominative fair use.Finally,according to the previous cases,legislative provisions,and theoretical perspectives,the author points out that there are some problems in the China trademark fair use such as the lack of strict confinement,poor operability,and lack of clear stipulations on the basic theoretical concepts.Therefore,it is necessary to specify the basic concepts and the different types of components that should be distinguished based on the different trademark fair use.The legislative proposals are proposed by specific typical situation.