Research On Trademark Infringement Of Genuine Packaging Sales

The specific trademark indicates the goods and the specific trademark owner,and the packaging is an indispensable part of the goods.The packaging of goods has changed during the sub-packaging sales.The various cases of sub-packaging sales in practice also led to the inconclusive determination in the trademark law.The trademark is an important symbol connecting the goods and the trademark owner,and the packaging is an important medium to communicate the goods entity and the trademark.The complex packaging form in the repackaging behavior makes the connection between the goods and the trademark ever-changing,and the goods attached to the trademark take on different forms.With the development of market economy,people’s attention to commodities has shifted from commodities themselves to commodities and packaging.Therefore,in order to pursue interests,some businesses change the packaging of other businesses’ goods for sale,which is bound to infringe the exclusive right of registered trademarks of some trademark owners.Because the court has different judgments on whether the use of the original trademark in the original sub-packaging sales is infringing,the theorists also have great differences.Therefore,it is necessary to study the trademark infringement in the original sub-packaging sales.Therefore,this paper focuses on the determination of infringement of genuine repackaged sales.First,it studies the empirical cases of repackaged sales.In practice,there are many cases of repackaged sales.Typical cases are the "Buerjia" candy trademark case,the "Laofengxiang" pencil trademark case,and the "Liji Guzhuang" tea trademark case,This paper mainly discusses the main characteristics of China’s subpackage sales cases and the different results of the judgments of subpackage sales cases in practice.This paper summarizes the controversy and focus on the trademark legal system of sub-packaging sales,defines the basic concept of genuine sub-packaging,and clarifies the definition of sub-packaging sales to the basic characteristics,causes and classification of this behavior.Secondly,it discusses the trademark principles involved in subpackaging sales.Specifically analyze and study whether the exhaustion of trademark rights is applicable to sub-packaging sales,including clarifying the application and non-application of the principle of exhaustion of trademark rights in the form of legal provisions,and analyzing how to apply the principle in the case of genuine sub-packaging sales.Thirdly,it is necessary to clarify whether the act constitutes a reasonable use of the trademark of the original trademark holder,and the trademark has the function of quality assurance.Therefore,it should be judged that when the act of repackaging damages the quality of the trademark,the sale of the trademark of the original trademark holder is likely to have a negative impact on the goodwill of the original trademark.In this case,it will damage the function of the trademark and infringe the rights of the trademark holder,The principle of exhaustion of trademark rights cannot be applied.At the same time,subpackage sales are different from traditional trademark infringement.The traditional trademark infringement determination is based on whether the relevant public produces "confusion",while subpackage sales generally do not cause confusion to consumers.The subpackage sales meet the restrictions of trademark rights under certain circumstances,and do not constitute trademark infringement.Therefore,it is necessary to discuss whether the sub-packaging sales constitute trademark infringement theoretically.Finally,it is about the identification and improvement of trademark infringement in sub-packaging sales.In terms of applicable principles,when the sub-packaging sales act meets certain requirements,it does not constitute trademark infringement,but may constitute the fair use of trademark and the exhaustion of trademark rights,which is an exception of trademark infringement.When applying laws and regulations,the court chose to apply Item(7)of Article 57 of the Trademark Law of China.It is generally believed that this clause is a "cover clause" for trademark infringement.Therefore,it is necessary to clarify the application of "other damages",fill the gap in the legal application of the act of sub-packaging sales in practice,and better maintain the balance of rights between trademark owners and consumers as well as other obligee.