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Determination of Infringement of Trademark

Author: HeXiYuan
Tutor: LiuBinBin
School: Lanzhou University
Course: Intellectual Property Law
Keywords: trademark infringement trademark infringement that trademark reasonable use
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 243
Quote: 0
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Abstract


This paper mainly studies the cognizance of the trademark tort. As the global economic integration process accelerating the value function, trademark and becomes more and more obvious, with trademark infringement has intensified and forms tend to complicate. By simplification, trademark infringement cases emerge in endlessly, so, how to accurately ascertain the trademark infringement behavior becomes particularly necessary. Only accurately recognized trademark infringement behavior, can effectively combat trademark tort and protect the lawful rights and interests of the trademark, who protect, for the socialist market economic order provide the normal operation of the system guarantee and legal basis. Now recognized trademark infringement cases is very important and complex the problem is:trademark infringement types and expressional form diverse and complex correctly, reasonable and legitimate to make trademark infringement brought greatly challenges. And trademark infringement constituents is each trademark infringement cases is an important link of the essential, therefore, it is necessary to this aspect of in-depth research. The author in this paper try to combine our current trademark law, the detailed rules for the implementation of the trademark law and the relevant judicial interpretations and rules of trademark infringement behavior cognizance question for research. This paper introduces some electric appliance Co., LTD (hereinafter referred to as company) and the defendant ZhangYongJun GL exclusive use of a registered trademark infringement disputes in a case of the case, on the basis of the analysis of legal system in our country at present explore how they can better recognized trademark infringement behavior.This paper is divided into three parts. The first chapter of the trademark infringement cases in this paper introduces the context of present court hearing, and the process and results of the center of controversy, finally leads this paper views. Case The second chapter is divided into three. In the first quarter of trademark and trademark infringement of the basic theory is discussed in this paper. This paper discusses the concept and function, trademark the connotation of trademark infringement, type and form. The second quarter for trademark infringement discussed that grasp and understanding of the need when some problems. The third quarter with the theoretical basis of the first two of this case and analyzes briefly the controversy over.Chapter 3 according to China’s trademark infringement legislation and judicial two aspects shortage is proposed on the basis of consummation countermeasure and Suggestions

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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