On Reasonable Use Of Trademarks

Nowadays,with the steady development of society and the prosperity of economy,the status of trademarks in enterprises' economic activities has been attached more and more importance,and the role of trademarks in economic development has become more and more obvious,which has been attached great importance by entrepreneurs and administrative departments.The Internet has been popularized.The promulgation and implementation of the e-commerce law of the People's Republic of China(hereinafter referred to as the e-commerce law)has provided legal guarantee for e-commerce and made e-commerce a brand new modern trade mode.E-commerce has brought people a new life experience,but also brought a new type of trademark infringement.It is true that trademark infringement is caused by many reasons,including inadequate management of regulatory authorities and ineffective means of supervision.The purpose of seeking profits illegally by infringers causes great damage to trademark owners as well as goodwill.What kind of behavior will cause the trademark infringement,the reasonable use of the trademark must be mentioned.The reasonable use of trademark is the exception of trademark infringement and the defense reason of trademark infringement.It can guarantee the free speech of merchants in the process of commodity trading and reasonably restrict the trademark owners when they correctly exercise their rights.At the same time,it not only protects social public interests,but also maintains fairness and justice in market economic activities to a certain extent.Whether in the legislative system or the judicial process,based on China's basic national conditions,We shall actively learn from the advanced practices of foreign developed countries on trademark law.The lanham act of the United States is an example for us to learn in the field of trademark law.Article 12 of the European Community trademark regulation and the trademark law of Japan have provided beneficial and advanced experience for the development of China's trademark law.China is a late legislator in the field of intellectual property rights,and the legislation and regulations on the rational use of trademarks are still relatively weak.However,judicial practice will not reduce the number of cases and trials because of the gap in legislation.Trademark disputes occur frequently,so it is imperative to regulate the rational use of trademarks.China's legislature keeps pace with The Times and amended the trademark law in 2013.In article 59,special provisions were used to elevate the trademark law regulation from the level of administrative regulations to legal provisions,which fully reflects that China's legislature attaches great importance to the fair use of trademark right system under the appeal of judicial practice.A large number of scholars of civil and commercial law in China have devoted themselves to theoretical research,and some scholars have devoted themselves to the study of advanced experience of foreign advanced developed countries,but most of them focus on the study of legislative models and typical cases.In 2013,only a few years ago,the improvement of a system is a long process,which needs to be explored and accumulated in judicial practice.In judicial practice,there are a large number of cases with the same case and different sentences.Such trademark disputes harm the interests of the parties,increase the litigation costs of the parties,bring unnecessary litigation burden to the parties,and damage the authority of the law.Carding domestic existing literature,actively learn from the United States,Japan and Germany advanced legislation experience,stand at the height of history,combined with the practice of trademark in our country to explore the trademark reasonable use system,fair use can be divided into relatively common narrative indicative and proper use of reasonable use,should put forward aiming at the problems in the judicial practice,targeted fill the blank of the indicative reasonable use legislation and refine narrative rational use of legislation regulation,unified "fair use" for the trademark jargon terms,specified the trademark reasonable use judgment factors,makes every effort to provide a reference for the judicial practice.