商标合同纠纷若干问题探讨

Probing into Several Issue of Trademark Contract Dispute

商标合同纠纷的基本法律性质是合同纠纷。因此，审理此类纠纷的基本法律依据应该是《合同法》及当事人的合同约定。鉴于契约性纠纷与侵权纠纷有很大差异。法院在审理此类纠纷时的基本思维方式应该符合《合同法》的规定。以下就相关问题分别进行分析。

A trademark contract dispute is substantially a contract dispute, so it should be dealt with under the Contract Law and the contract between interested parties. Given the considerable difference between contract dispute and infringement dispute, the basic conception whereby a contract dispute is dealt with by the court should be in line with the provisions of the Contract Law. Following is an analysis of the related issues.