Research On Legal Issues Of Certification Mark

Certification mark,as a type of mark that can prove that goods or services meet specific standards or quality requirements,has certain particularity in the trademark system.Often because of the special abstract words of "specific standard" or "quality requirements",it is difficult to clearly define the definition of certification mark and the identification of the scope of rights.Therefore,the definition of certification marks and the scope of rights are not clearly defined,and in judicial practice,there is often confusion with other types of trademarks and ambiguity in specific quality standards,which will affect the infringement determination of certification marks.This paper mainly discusses two problems: the identification of the scope of the right of the certification trademark and the criterion of the certification trademark infringement.First of all,in terms of the definition and scope of rights of the certification mark,it is suggested to determine the approximate judgment method of the certification mark,and it is considered that the key factor to judge the similarity of the certification mark is the character recognition part of its constituent elements.Secondly,in terms of the criteria for proving trademark infringement,it is suggested to make a comprehensive judgment by integrating factors such as origin,management rules,authorization of geographical indication management organizations,and prominent use.When applying the standard of possibility of confusion,the connotation of the confusion standard should be appropriately expanded,including the confusion of the source and quality of the product.On the grounds of defense,it is suggested to further clarify the judgment standard of fair use in trademark infringement litigation,and put forward the judgment standard that the goods come from the demarcated area and have a specific quality,the actor is subjectively in good faith and objectively has no obvious use,and does not damage the rights and interests of the trademark registrant.