Trademark use is an objective act consisting of various links, such as physical adhesion and market circulation. In classifying it as the “use of a trademark” in the sense of the Trademark Law, an overall and consistent interpretation should be made in accordance with the Trademark Law: The focus should not be exclusively on separated links of the whole chain of the act to prevent the examination from emphasizing individual links while ignoring the whole act and from emphasizing individual facets while ignoring the entire architecture.

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Honda Motor Co., Ltd. v. Chongqing Hengsheng Xintai Trade Co., Ltd. and Chongqing Hensim (Group) Co., Ltd.

  • Guanghai Lin,
  • Yuanming Qin

摘要

Trademark use is an objective act consisting of various links, such as physical adhesion and market circulation. In classifying it as the “use of a trademark” in the sense of the Trademark Law, an overall and consistent interpretation should be made in accordance with the Trademark Law: The focus should not be exclusively on separated links of the whole chain of the act to prevent the examination from emphasizing individual links while ignoring the whole act and from emphasizing individual facets while ignoring the entire architecture.