Research On Trademark Infringement Of Commodity Replacement And Packaging Sales

The act of replacing the packaging and sales of goods not only involves changes in appearance and style,but may also affect the quality of the goods themselves.Without the consent of the trademark owner,the use of the original trademark on the new packaging may cause trademark infringement disputes.Although there are not many relevant cases in China,there are "different judgments in the same case" for such cases.Most of the existing research on trademark infringement concerning the replacement and sales of commodities is carried out around a certain aspect,and it is difficult to form a systematic understanding.Therefore,it is necessary to conduct an in-depth and comprehensive study on the behavior of replacing the product packaging.The text structure of this article is mainly based on the trademark infringement disputes in the act of replacing and packaging the goods,and follows the logic of trademark infringement to study:First of all,this article defines the concept of commodity replacement packaging sales behavior and summarizes the characteristics of the behavior.Through two judicial cases,it leads to the disputes about trademark infringement in the theory and judicial practice in China.The main points of dispute are the nature of using the original trademark,whether it will cause confusion to the relevant public,and the applicability of the trademark infringement defense of the principle of exhaustion of rights.Secondly,from the existing legal theory,the author analyzes the controversial issues of commodity replacement packaging sales behavior.Secondly,from the existing legal theory,the author analyzes the controversial issues of commodity replacement packaging sales behavior.Finally,on the basis of the analysis above,some suggestions for perfection are put forward:1.Trademark infringement of commodity replacement packaging sales should be based on the "confusion possibility" as the judgment standard;2.Acts that impair the quality of the commodity should be judged carefully with the terms of trademark infringement;3.The application conditions of the principle of exhaustion of trademark rights are obtained through extraterritorial experience and the actual situation in China.