Is The Fair Use "Fair"?

The fair use of trademarks became a hot topic in the field of intellectual property as early as 2007, and it has also become the first grounds for trademark infringement defense. In many cases in the trademark administrative law enforcement and judicial practice, no infringement was constituted based on the fair use of trademarks. The new Trademark Law promulgated on May 1, 2014 has also perfected the defense of the fair use of trademarks and added the "prior use" as defense grounds.

Whether all the fair use is "fair" or no fair use constitutes an infringement of the exclusive right to use trademark should be judged based on individual cases.

Descriptive use:

Relevant legal basis: