关键词: 涉外定牌加工, 商标使用, 商标侵权, 商标识别功能

Abstract: Foreign licensing processing is a common way of international import and export trade. As far as the identification of trademark use in the process of foreign-related licensing, there are still controversies in the logic of judicial identification and theoretical logic research. In the normative context, the regional nature of trademark is the characteristic focus that causes the dispute over trademark use in the process of foreign licensing. Examining the logic of dispute adjudication, it is seen that the identification of trademark use focuses on the conditions of identification and the subject of use. Based on the framework of foreign licensing processing, the system and norms are guided and reconstructed from the perspective of dispute adjudication logic, and the conditions of trademark use, the rational correction of trademark recognition function and the role of trademark use in trademark system are clarified.

Key words: foreign licensing processing, trademark use, trademark infringement, trademark recognition function