both in terms of its objects and contents.Thus,we should pay highly attention to the improvement of trademark rights system,preventing abusive piracy of others' rights.Recently,the proceedings involved in legtimate use of trademarks is increasing in law enforcement and judicial justice.My dissertation explains application

摘 要 abstract 随着社会经济的迅猛发展，作为知识产权之一的商标权，无论是在权利客体还是在权利内容上都取得了快速的发展，这就使得我们要高度重视商标权限制制度的完善，以防止权利人滥用其商标专用权。近年来，涉及商标合理使用的案件在商标行政执法和司法审判中不断增加。我国商标法对于商标的合理使用规定较粗泛。本文从商标合理使用的含义及其理论基础入手，通过分析商标合理使用行为的构成要件，针对我国商标合理使用制度的保护现状，就完善我国商标合理使用制度提出一些思考。 With the fast economic growth,trademark rights,as one of intellectual property rights，have developed rapidly both in terms of its objects and contents.Thus,we should pay highly attention to the improvement of trademark rights system,preventing abusive piracy of others' rights.Recently,the proceedings involved in legtimate use of trademarks is increasing in law enforcement and judicial justice.My dissertation explains application of legitimate trademark and its theoretical basis,by analysing the elemnts constituting the proper use of trademarks.Besides,i put forward some suggestions to perfect its improvement based on its condition. 关键词：商标； 合理使用；思考 key words:trademark, proper use, consideration.

Abstract: Along with the rapid development of the social economy, as a type of intellectual property, trademark rights have achieved rapid development with regards to the object and content of its rights. As such, we strongly urge to perfect the trademark legal system so as to prevent infringement of the exclusive rights attaching to a trademark. In recent years, administrative (legal) proceedings against trademark infringements have been escalating. China's existing trademark laws are characterized by its loose intellectual property regime. This paper first discusses the meaning of "fair use" (or "nominative use") of a trademark and its fundamental concepts. Through analyzing the basis for constituting "fair use", the "fair use" system of trademark and its condition status quo, this paper suggests certain considerations to be taken into account in perfecting the trademark "fair use" system in China. Keywords: trademark; fair use; consideration

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