| In the context of economic globalization,trade has become an important link between countries and regions.With the export of Chinese goods to all countries,the awareness of trademark protection has been gradually enhanced.The trademark has not only been the function of identifying the source of goods in the traditional sense,but also the reputation and trust of consumers won by the business enterprise for many years.What consumers want is no longer a commodity,but the reassurance given by the producers.The increasing attention of many subjects to trademarks makes the number of trademark infringement disputes increasing year by year,especially in the process of foreign-related trademark infringement.Although in the past judicial practice,most courts take "trademark use" as one of the factors when determining whether the behavior of the actor constitutes trademark infringement.However,the focus of disputes in cases is usually on whether it can lead to misunderstanding or confusion of the public.In other word,the possibility of confusion is the most important concern of courts."Trademark use" is not a dispute in trademark infringement dispute.In fact,under the diversified use of trademarks,the importance of trademark use is becoming more and more obvious.However,there are disputes in the understanding and identification of trademark use in both theoretical and practical circles.First,there is a dispute between the court about the essential elements of trademark use,which is used to identify the source of goods,only to interpret the purpose or to give consideration to the purpose and the regional nature.Second,in the case of foreign licensing,the factors affect the identification of "trademark use",such as the legal attribute of the foreign licensing processing behavior.Third,the status of trademark use in trademark infringement is a prerequisite for trademark infringement or only the identification elements parallel to the possibility of confusion.Fourth,the standard of trademark use.The above four aspects will be discussed and answered in this paper.The whole paper is divided into three chapters,the contents of each chapter are as follows:Chapter one introduces the case of foreign-related licensing processing "PRETUL".This paper introduces the problems involved in the case of "PRETUL" into four aspects,including the connotation of trademark use,the legal nature of foreign-related licensing processing,the status of trademark use in trademark infringement and the identification standards of trademark use.At the same time,the main points of the first instance,second instance and retrial Court on the above four parts are clarified.Chapter two analyzes the focus of the dispute on trademark use in the foreign-related trademark processing "PRETUL" case and gives a response.In this chapter,the author gives the point of view of this paper in response to the focus of dispute.Chapter three analyzes the problem of trademark use in the foreign-related "PRETUL" case.The paper discusses the connotation and extension of trademark use,the influencing factors of trademark identification in foreign-related trademark processing,the status of trademark use in trademark infringement and the standard of trademark use. |
