Study On The Parallel Import Legitimacy From The Perspective Of Trademark Function

The principle of exhaustion of rights is not a reusable theoretical tool for dealing with parallel imports of trademarks.In judging the legality of the parallel importation of trademarks,foreign judicial practice seems to be based on the principle of exhaustion of rights,and its essence is based on whether or not trademark functions are damaged.The trademark function theory as a theoretical tool for judging the legality of parallel imports of trademarks not only conforms to the essential characteristics of trademark rights and the purpose of trademark legislation,but also verifies its feasibility in judicial practice and provides repeatable treatment of trademark parallel imports.The functions of a trademark are divided into legal functions protected directly by trademark law and de facto functions not protected by trademark law.The source commendation function is the legal function of the trademark,and it is the main content protected by the trademark right granted by the trademark right holder to the exclusive right of the trademark.It also provides an important basis for the consumer to clarify the origin of the goods and the responsible subject.Although the quality assurance function is a de facto function of the trademark,the difference between parallel imported goods and domestically circulated goods may lead consumers to confuse the source of the goods.As far as the trademark right holder and the manufacturer of the trademark are concerned,the difference of the product itself and that made by others leads to different conclusions as to whether the consumer causes confusion with the source of the product or service.What can be confirmed is that the difference in product quality is only a situation that may lead to confusion of sources of goods or services.The quality assurance function of a trademark has been absorbed by the source recognition function.