Research on the Issue of "Trademark Use" in Trademark Infringement

Abstract

"Trademark use" is the core thread running through trademark law and the cornerstone of the trademark legal system. However, there are still disputes over whether "trademark use" is a prerequisite and independent element for trademark infringement and the criteria for determining "trademark use". Therefore, it is necessary to further review the "trademark use" rule in combination with the principles of trademark law. In 2013, the Trademark Law was revised, and Article 48 of the Trademark Law added a specific definition of the use of trademarks. The view that "trademark use" is a prerequisite for trademark infringement has become the mainstream view in China's academic circle. However, "trademark use" faces problems such as unclear independent status and differences in determination standards in practice. Based on this, China can adopt the method of stipulating "trademark use" in the Trademark Law, clarifying its relationship with the "possibility of consumer confusion", and unifying the determination standards to improve "trademark use".