The Defense Of Non-trademark Use In Trademark Infringement Judgment

In addition to the introduction and conclusion,the main body of tihis paper is divided into four chapters.The introduction of this paper briefly narrates the trademark use and some cases in which there are disputes,and introduces the trademark infringement defense system which includes the non-trademark use as the important content.Chapter 1 discusses the meaning of trademark use.Subchapter 1 analyzes the function of the trademark,then interpret the provisions of the trademark use in Trademark Law,analyzes the essence of the trademark use in combination with the functions of trademark in the end.Subchapter 2 compares non-trademark use with fair use and properly use in Thrademark Law,then make a definition of non-trademark use.Chapter 2 discusses the meaning of non-trademark use.Subchapter 1 analyzes the significance of trademark use in Trademark Law.From precondition or the elements of judging confusion,Subchapter 2 elaborates the status of the trademark use in trademark infringement.Chapter 3 analysis the judgement of non-trademark use.Subchapter ldeclares several typed behaviors of non-trademark use,in combination with judicial practice.Subchapter 2 puts forward the standard of judgement in non-trademark use from the objective and subjective standard and the miscellaneous standards.Chapter 4 puts forward the author?s views towards to non-trademark use as one of the defenses of trademark infringement,from the establishment of the non-trademark use defense and the existing trademark infringement defense system,and also coordinate w:ith Anti-Unfair Competition Law.The conclusion is a description of the results of this study on the defense system of non-trademark use.