Abstract
The research on the functions of the trademark varies from country to country. The EU has recognized three modern functions in judicial cases, namely, the functions of communicating, advertising, and investment, and then applied them to the legal issue of judging the use of the trademark. In China's judicial practice, the use of the trademark is a precondition for trademark infringement judgment, and the judgment of trademark use depends on the judgment of whether the origin function is damaged. This paper first analyzes the modern function of the trademark recognized by EU, and then discusses its impact on the judgment of trade use. Finally, this paper tries to put forward some enlightenment to the judgment of trade use.
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