Study On The Trademark Fair Use

The Trademark Law revised in 2013 conforms to the needs of market development since its adoption,but also exposes the imperfections of its provisions.The fair use of trademarks is a typical example.Rational use refers to the use of intellectual products of the oblige without the permission of the obligee within a specific scope permitted by law.The fair use of trademark as the exclusive right of trademark has been generally recognized by modern trademark law.At present,the "Trademark Law" revised in 2013 has also partly approved the fair use of trademarks,that is,only the descriptive fair use of trademarks is stipulated in Article 59.However,this article does not include other types of fair use of trademarks.Due to the lag of legislation and the novelty of the new technology,the complexity of the new trademark infringement cases leads to some deficiencies in the application of the fair use of trademark system.The main performance is that the criteria of descriptive fair use of trademarks are not uniform,and the recognition of indicative fair use of trademarks is not high.Compared with China's trademark legislation and judicial practice,the trademark legislation and judicial practice of the United States and the European Union on the fair use of trademarks are relatively detailed and perfect.In view of this,this paper uses the method of comparative study,investigates and draws lessons from the fair use system of trademarks in the United States and the European Union,responds to the current theoretical controversy on the fair use of trademarks,designs specific provisions for the rational use of trademarks which are operable in practice,and further constructs a relatively perfect trademark rationality.Specific rules used.By comparing with the mature system of foreign countries,it reflects the problems of fair use of trademarks in China.On the basis of drawing lessons from the foreign mature restriction system of trademark rights and combining with the actual situation of China's national conditions and market operation,the main ways to perfect the fair use system of trademarks in China are as follows: to further refine its constituent elements on the basis of the existing provisions on descriptive fair use of trademarks,and to establish a scientific judgment standard to improve the quotient In judicial practice,it is maneuverable to defend the descriptive use of trademarks;to clarify the applicable conditions for the fair use of trademarks;to unify the rules governing the fair use of trademarks;to increase the indicative fair use as a type of fair use of trademarks;and to recognize the indicative use of trademarks as a positive defense against trademark infringement;...