Reserach On The Judgement Of "Use" In Trademark Infringement

The use of trademarks and trademark functions as the two main lines in the trademark field throughout the trademark system.Whether it is trademark authorization or trademark maintenance,or trademark protection system,the use of the trademark is always the only way to achieve.Therefore,the use of trademarks occupies an important position in the trademark field.Although China’s "Trademark Law" stipulates the "use of trademarks",in view of the high degree of generality and ambiguity of the provisions,there are differences in the application of the provisions in judicial practice,The academic community also has controversy over the definition of use and its status in trademark infringement.With the advent of the Internet information age,the use of trademarks has also shown a diversified trend.The space for trademark use has long expanded from the traditional material space to the virtual space of the network,which undoubtedly brings new challenges to the identification of trademark infringement.The use of trademarks is the cause of infringement,and the definition of its connotation is crucial for judging its status in the identification of trademark infringement.In recent years,the viewpoint of trademark use as a prerequisite for the establishment of trademark infringement has been continuously questioned.How to define the meaning of trademark use,how to use trademark infringement relationship,and how to determine the standard of trademark infringement constitute a focus of academic and practical circles.This article will unveil the veil of trademark use by expounding the connotation of trademark use,the relationship between trademark use and trademark infringement,the investigation and enlightenment of the use of extraterritorial infringement,and the use of judgment criteria,in order to provide new ideas for the judgment of trademark infringement in China.This paper is mainly composed of four parts:The first part of the article summarizes the related concepts of trademark “use”and sorts out the theoretical and practical content of trademark “use” at home and abroad.The main research content-the "use of trademarks" is proposed,which provides the research basis for the judgment research of "use" in trademark infringement below.The second part of the article defines the meaning of the trademark "use".In-depth analysis of the object of "use" of trademarks from the perspective of semiotics and consumer psychology.On the basis of clarifying the object of use,the provisions of “use” in the Trademark Law and the “use” in trademark infringement are classified and elaborated.Make a detailed distinction between different use cases,sum up the difference between the meaning of "use" in trademark infringement and trademark maintenance,and the different use cases in trademark infringement,reveal the connotation of "use" in trademark infringement,and provide theoretical basis for further elaboration of the article.The third part of the article analyzes the relationship between trademark “use”and trademark infringement.In response to the gaps in the legislative provisions and the debates in the theoretical community about the “use” of trademarks in relation to trademark infringement,the article clarifies that trademark use is not a prerequisite for trademark infringement,and implements the appropriate status of “use” in the formation of trademark infringement.Through the identification of special use cases in judicial practice,the relationship between trademark use and trademark infringement is further clarified,paving the way for the identification of trademark infringement.The fourth part of the article analyzes the judgment of the "use" of foreign trademark infringement,and summarizes the US and EU standards for the identification of trademark infringement.Through the extraterritorial reference,it hopes to provide inspiration for the identification of infringing use in China.The fifth part of the article explains the criteria for “use” in trademark infringement.After clarifying the connotation of trademark use and the relationship between trademark use and trademark infringement,The article summarizes the core elements and reference elements of the infringement use judgment from the perspectives of the use object,the service of the goods referred to by the use behavior,the attributes of the use behavior,and the consumer perception.Provide specific specific paths for identifying trademark infringement.