Define The Purpose And Means Of Trademark Law In Terms Of Value Objectives.

The first and seventh articles of the third revised trademark law clearly stipulate the principle of "protecting the interests of consumers" and "stopping the behavior of deceiving consumers". However, they still appear rough and lacking in specific rules, which may lead to the failure of trademark law to protect the interests of consumers.

In trademark infringement judgment, judges only occasionally refer to consumers, and do not include them in the judgment pattern of interest measurement, let alone give priority to consumers' interests in the conflict of interests between consumers and trademark owners. They intentionally or unintentionally ignore consumers' protection in trademark law.

In view of the fact that the phenomenon of infringement of consumers' interests in trademark infringement disputes is not rare in recent years, this paper puts forward how to improve the consumer protection in trademark law.

Reducing the search cost and promoting product quality is the purpose of trademark law.

The mainstream trademark "information" theory holds that trademarks can play a trust function by linking consumers with identification marks and unobservable product characteristics such as the taste of drinks and the comfort of clothing.

This function not only makes consumers feel relieved by trademark, but also enables sellers to maintain and improve the quality of products or services in order to get incentives for repeated pactions.

Trademarks also play a more effective role in language by promoting information communication between sellers and consumers.

This function is reduced.

The search cost is simplified and the consumer decision-making process is realized.

By giving full play to trademark trust and language functions, trademark law promotes consistent product quality and reduces consumer search costs.

Monitoring trademark infringement by trademark holders is a means of trademark law.

The normal exertion of trademark trust and language function depends on the interference of trademark information from similarity marks.

The ultimate goal of a trademark system to prevent confusion or counterfeiting is to improve consumer welfare. However, based on the high paction costs of individual consumer litigation, the interests of any individual consumer and the causes of damage, the injured consumers are not suitable candidates for monitoring the integrity of trademark information.

The trademark law prevents the latecomers from using confusing markers by giving the first users the right of property.

The self interest nature of the holder ensures that they consciously monitor any threat to the authenticity of the trademark information.

Based on the purpose of incentive infringement monitoring, trademark law provides equity and monetary relief for trademark holders.

It is a unity of purpose and means.

The purpose of protecting the clarity and freedom of trademark information is to help consumers easily identify and distinguish products that they trust and love from many brand products, and this ultimate goal must be achieved by giving trademark owners the first incentive to develop and cultivate these brands.

The best way to encourage is to protect their brand investment, and the best way to protect brand investment is to pfer the function of monitoring infringement and litigation to trademark holders.

It gives trademark holders strong economic incentives to monitor advertising investment and infringement. Trademark law enables consumers to distinguish brands, establish trust for their favorite brands and quickly find the required brand products in the market.

The purpose and means of trademark law is simple and clear: to increase the welfare of consumers through the benefit of trademark holders.