Identification Of Trademark Use In Trademark Infringement Lawsuit

The identification of trademark use and the possibility of confusion in determining trademark infringement have different functions and factors,so they are independent and serve the determination of trademark infringement together.At the same time,in order to meet the actual needs of the application of trademark law,reasonably limit the scope of protection of trademark right and draw the boundary between trademark Law and Anti-Unfair Competition Law,the identification of trademark use should be the premise of trademark infringement determination.The violator subject standard to that of trademark use,can make up for the deficiency of consumer recognition standard,the main actor’s subjective intent,specific use and so on,fit the provisions of the trademark law,it also can draw a trademark use and confusion,the boundaries between the possibility of certain trademark use in trademark infringement judge independence and well regulated.To solve the problem of trademark use trademark infringement lawsuit problems identified in the aspect of legislation,should be a clear definition of the concept of trademark use and its independence and prevailing in trademark infringement determination,unity in the trademark law,USES the term "trademark use,and use the trademarks of prevailing in trademark law in trademark infringement litigation in general.In judicature,the doer subject standard should be used uniformly to identify trademark use and refine the factors of investigation.