| Under the background of trademark registration system in China,the protection of trademarks is weak.In order to remedy this loophole,Chinese Trademark Law provides the protection for the trademarks which have been used and have certain influence.On the one hand,with the development of information and economy,passive use cases appear in practice.Because the concept is different from the traditional theory of trademark use,there are many different theories on it,which makes it a difficult problem.On the other hand,the definition of "having a certain impact" and the standard of recognition are vague in the legislation,there is a lack of clear application standards in practice,leading to different courts may have different judgments,which need to be further improved by studying cases in practice.This paper takes "the case of the dispute over trademark authorization and confirmation between Imes Company and the State Business Judge and the third party Wang XX" as an example to analyze the criteria that the cited trademark has been used and has certain influence on the recognition.First of all,on the issue of passive use of trademarks,the author believes that the essence of the use of trademarks is to make trademarks play an identifying role.Passive use can make the relevant public closely associate the trademark with the original trademark owner,and the commercial value behind the trademark still comes from the business activities of the original trademark owner.Therefore,it is necessary to clearly protect and stipulate the adjudication rules of the passive use of trademarks in legislation.Secondly,when determining the factors that have certain influence on trademarks,the four factors of time,region,subject and degree of awareness should be comprehensively considered.At the same time,considering the increasing cases of using trademarks on the Internet in practice,relevant evidence that can directly reflect the consumer feedback data recognized by consumers can be taken as an important identification factor.Finally,the author thinks that different recognition standards should be applied to the provisions that two trademarks have certain influence in the legal system. |
