Research On Trademark Infringement Of Repackaging Of Commodities

In today's fierce market competition,the entire distribution chain,from manufacturer to final consumer,often involves the repackaging of goods,The dealer for the convenience of sales for the purpose of often dispensing large size packaging of goods or bulk goods.Currently in the domestic judicial practice,there have been many cases of genuine dispensing.However,different local courts in our country have different judgments on the infringement of genuine sub-package sales.Then in analyzing the repackaging of goods to determine what factors need to be considered in the infringement,should be applied which of the trademark law regulation are worthy of study and discussion.In fact,in the sales process,the repacking of goods in a variety of forms,most of the existing articles are around one of the types of development,it is difficult to form a consistent understanding.This paper argues that whether the act of repackaging sales constitutes a trademark infringement should start from the criterion of trademark infringement in our country?First of all,it analyzes whether it is a trademark use,followed by an analysis of the confusion,and finally analyze whether the principle of exhaustion of trademark rights applies.Therefore,the dissertation structure of this article is from the perspective of the judgment standard of trademark infringement,which mainly includes the following four parts:Chapter 1,in the first chapter,at first define the repacking behavior of goods,and clarify its meaning,characteristics.And then through the study of China's case of repackaging sales behavior,put forward the issue of trademark infringement involved in the repackaging of sales behavior?There are mainly three controversial issues:First,the use of the original trademark re-packaged sales of qualitative controversy;The second is the controversy over the possibility of confusion in repackaging;the third is whether the repackaging applies to the dispute over the exhaustion of trademark rights.Chapter 2,in this chapter,characterizes the use of the trademark of a trademark owner on a repackaged product?Firstly,it analyzes the status of trademark use in the judgment of trademark infringement,then analyzes the conditions needed to satisfy the trademark use,and finally analyzes whether the use of the trademark owner's trademark in the sub-packaged goods conforms to the trademark use.Chapter 3,in this chapter,analyzes the potential for confusion in the repackaging of goods.This chapter mainly analyzes the relevant cases in USA,EU and Japan.Through the analysis and research of related cases,it is concluded that the infringement determination ideas for the distributive sales behavior are: trademark infringement – confusion possibility – quality confusion/source confusion.At the same time,it also analyzed the quality assurance function,and concluded that the quality control in the quality assurance function means that the packaging,assembly,and processing of the goods are controlled by the trademark right holder.Therefore,the disassembly behavior destroys the quality guarantee function of the trademark right holder.The quality assurance function is also the criterion for the authenticity of the product.If the function is damaged,the packaged product is not the product of the trademark owner.At this time,if the trademark owner's trademark is affixed to the product,the consumer may be confused.Chapter IV,In this chapter,analyzes the application of the specific rules for authentic dispensing,and analyze that the tort can be regulated by Article 57(1)of the Trademark Law.At the same time,analyzes the conditions in the United States and the EU on repacking the principle of exhaustion of trademark rights,So as to obtain repackaging which conforms to the principle of exhaustion of trademark rights so as to prevent the distributor from infringing on the trademark of the trademark owner because of the distribution.