Research On The Use Of Trademarks

The use of trademark plays an important role either in the country that implements a system of acquisition-through-registration or in the country that implements a system of acquisition-through-use.The use of trademarks refers to all acts of using trademarks on approved commodities or services and their derivatives,or using trademarks in advertising,publicity,exhibitions and other commercial activities for commercial purposes for the direct purpose of identifying the source of commodities or services.The significance of trademark use lies in that it is the premise of trademark function generation and realization,which affects the acquisition and survival of trademark rights,and affects the implementation and protection of trademark rights.However,at the present stage,there are no clear standards for trademark use in China,and the requirements of various components of trademark use are scattered in the trademark law and related regulations.There are some deficiencies,and the role of trademark use has not been given full play.Therefore,it is necessary to study the identification standards for trademark use and the specific requirements for trademark use to solve the disputes at the legislative and judicial levels.The cognizance of trademark use refers to the consideration of the trademark use behavior of the trademark owner from the four aspects: subject,range of application,behavior and intention.After the trademark owner obtains the trademark registration,only when the act of using the trademark belongs to the trademark use,can the trademark rights of the trademark owner continue to exist.This paper is divided into four parts to construct the identification standards for the trademark use.The first part is an overview of the basic theory of the identification of trademark use.The first is about the issue of trademark use identification.Secondly,define the meaning of trademark use and distinguish it from the concept of the use as a trademark and commercial use.Thirdly,expound the meaning of trademark use and the identification of it.The accurate definition of standards for trademark use plays a part in the acquisition of trademark right,the continuation of trademark exclusive right,and the judgment of trademark infringement.The second part is the identification standards and methods of trademark use.Firstly,evaluate and analyze the recognition standards of trademark use in practice.After that,explain the identification requirements of trademark use point by point,and analyze the disputes about the above-mentioned identification requirements in judicial practice based on relevant judicial cases.The third part is the investigation of the rules of trademark use in typical countries,a horizontal comparative analysis on the trademark use and identification standards of the United Kingdom,the United States,Japan and other countries.Typical countries have different rules,identification standards and specific components for trademark use,but there are still some commonalities,such as the authenticity requirements for trademark use,appearance that symbolic use is excluded from the scope of trademark identification,restrictions on the objects to be attached to a trademark,and the demand that the trademark shall be used on the approved class of goods or services during use.The fourth part is the status quo and suggestions for improvement of the identification of trademark use in China.Firstly,tease and analyze the current status of legislation and judicial practice systematically,identify the deficiencies in trademark use identification,and put forward some suggestions on how to improve the identification standards and specific components of trademark use for any benefits.The identification standard for trademark use is to establish the core status of the true intention of trademark use in the identification and to ensure that the trademark owner has implemented the actual use behavior.Intention to use and use behavior are both indispensable.