The Enlightenment of the Modern Function Analysis of Trademarks by EU to the Judgment of Trademark Use in China

Journal: Journal of Higher Education Research DOI: 10.32629/jher.v3i1.628

Xiaochang Liu

Zhengzhou University, Zhengzhou 450000, Henan, China

Abstract

The research on the functions of the trademark varies from country to country. The EU has recognized three modern functions in judicial cases, namely, the functions of communicating, advertising, and investment, and then applied them to the legal issue of judging the use of the trademark. In China's judicial practice, the use of the trademark is a precondition for trademark infringement judgment, and the judgment of trademark use depends on the judgment of whether the origin function is damaged. This paper first analyzes the modern function of the trademark recognized by EU, and then discusses its impact on the judgment of trade use. Finally, this paper tries to put forward some enlightenment to the judgment of trade use.

Keywords

modern function, trademark infringement, trademark use

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References

[1] Stephen L. Carter. The Trouble with Trademark. The Yale Law Journal, 1990: 759.
[2] Meenaghan T. The Role of advertising in brand image development. Journal of Product & Brand image development. 1995, 4(4): 31.
[3] Ralph S Brown Jr. Advertising and the Public Interest: Legal Protection of Trade Symbols. Yale Law Journal. 1999, 108(7): 1623.
[4] Liu Tieguang. Interpretation, review and transformation of the "trademark use" system in the "Trademark Law". Law Science, 2017, 12(005): 80.
[5] Liu Wei. On the two-step review method for defining trademark infringement use. Beifang Methodology, 2015, 50(002): 33-34.
[6] The People's Court of Yuhang District, Hangzhou City, Zhejiang Province (2015) Hang Yu Zhi Chu Zi No. 416 Civil Judgment.

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