Study On The Trademark Use Of Trademark Infringement

The concept of trademark use has been in dispute since the emergence of the concept,especially in the academic world.Trademark use has an important position in settling the trademark infringement disputes.Specifically,trademark use is the premise condition of trademark infringement.Only if the alleged infringer constitute a trademark use,there is a possibility of trademark infringement.This argument can be explained through the following aspects: first,trademark use puts the direct infringement as the research object;second,the essence of the trademark infringement lies in destroying the specific association;Third,trademark use is independent of the likelihood of confusion.Although,the circumstance of trademark infringement cases is complicated,even some cases have strong particularity,we still can induce some standards to estimate trademark use.When judging the trademark use of the trademark infringement,we should adopt the standard of source recognition nature,the scope standard of commercial logos,the degree standard of likelihood of source identification.In addition,we also should combine the public's cognitive level and consider the defendant's way of use to decide the trademark use.This article is mainly composed of three parts.In the first part of the article,the author analyzes the use of "trademark use" in judicial practice,analyses the meaning of "trademark use" through the legislation of various countries(regions),and finally reveals the "trademark use" through the comparison and analysis of "trademark use" and other related concepts.The connotation of this article lays a foundation for further development of the article.The second part of the article,after the correct definition of "trademark use",mainly solves the important issues of the current controversy on "trademark use",such as the relationship between trademark use and trademark infringement,and whether trademark use should be an independent prerequisite for trademark infringement judgment.In the era of trademark infringement cases,it is necessary to respond to this important issue.Only by defining the relationship between trademark use and trademark infringement,can the case of trademark infringement be better handled in practice.The third part of the article,after determining the premise status of trademark infringement in trademark infringement,the following question is how to analyze and judge the "trademark use".Through the analysis of "trademark use",we can further provide certain theoretical preparations for judging infringement.First,we need to solve three problems: the scope of "trademark use",the degree of trademark use and the function of "trademark use".First,the behavior attribute of "trademark use".We must accurately grasp the source identification function of trademark usage.Second,the scope of application of "trademark use".The "trademark" in "trademark use" is not a trademark in the form of trademark,and the use of other commercial signs which can play the role of the source can also constitute "trademark use" in trademark infringement.Third,the degree requirement of "trademark use".The "trademark usage" in trademark infringement does not require the trademark to be used openly and will be put into circulation.For example,the trademark that has been used to store others has not been sold before it is doubtless constituted "trademark use".Moreover,the judgment of "trademark use" is not suitable for the subjective standard of the actor.Therefore,the author thinks that the "source recognition possibility" standard is appropriate for trademark use in trademark infringement.In addition,due to the complexity and diversity of trademark infringement,the use of the accused and the cognitive ability of the related public can be considered when identifying the "trademark use".