On The Determination Of The Use Of Trademark In Trademark Infringement Cases

Trademark infringement is a violation of the "Trademark Law" by non-trademark right holders,using trademarks to damage the lawful rights and interests of others.With the development of the economy and the advent of the era of big data,there are many types of trademark infringements,and the ways of using trademarks are also diversified.Trademark use is the use of a trademark to identify the source of goods or services in commercial activities.However,the current my country’s "Trademark Law" is not clear about the concept of trademark use.The trademark use determination system has not yet run through my country’s trademark legislation system,and the status of trademark use in the determination of infringement is still controversial.In judicial practice,the standards for determining the use of trademarks are not uniform,resulting in inconsistent judgment results in the same type of trademark infringement cases.This requires us to clarify that trademark use is a precondition for the determination of trademark infringement,which is independent of the possibility of confusion.Legislation needs to integrate the trademark use recognition system into the trademark law system,supplement the meaning,method and status of trademark use,and identify the behavior of counterfeiting trademark signs by recognizing trademark use,so as to make the legislation of the trademark use system more complete.And unity.At the same time,the use of other people’s registered trademarks as corporate brand names is divided into two types: "prominent use" and "regular use".The former constitutes trademark use and is subject to the "Trademark Law" regulations.When judicially determining the use of trademarks in individual cases,the court should combine subjective and objective judgments to construct a three-dimensional judgment standard,and combine the requirements for a comprehensive analysis of whether the use has played the function of identifying the source,the way the trademark is used,and the popularity of the trademark.In the ever-changing era,it is more accurate to identify trademark infringement cases.